Barchester Healthcare Homes Limited (20 005 169)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 21 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s late complaint about care provided to her husband, Mr B in 2018 and 2019. This is because Mrs B could have complained to us sooner and there is no good reason for us to disapply the law and investigate this late complaint now.
The complaint
- Mrs B complained to her husband’s, Mr B’s, care provider in August 2018 about the standard of care he received. Mrs B said Mr B was not fed, left in soiled clothing, the care provider was understaffed and rated ‘inadequate’ in a 2019 report from the Care Quality Commission (CQC). Mrs B says the care provider should reduce the fees from August 2018 to date instead on incorporating an annual increase.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered the information and documentation Mrs B provided. I sent Mrs B a copy of my draft decision and considered her comments on it.
What I found
- Mrs B was unhappy with the care her husband received in 2018 and response she received from his care provider. Mrs B escalated her complaint to stage two of the care provider’s complaints process in September 2019 and stage three in December 2019. The Care provider advised Mrs B of her right to come to the Ombudsman.
- Mrs B also complains that she received a letter from the care provider in February 2019 advising of an increase in fees from April 2019.
- Mrs B says she tried to complain to the Ombudsman in April and June 2020 but we were closed due to the COVID-19 pandemic. Mrs B complained to the Ombudsman in November 2020, this is more than 12 months after she knew of the matters.
- The care provider’s actions Mrs B complains of happened in 2018/19 and are considered late. There is no good reason to investigate this late complaint now.
Final decision
- We should not investigate this late complaint. This is because Mrs B could have complained sooner and there is no good reason for us to disapply the law to investigate this late complaint now.
Investigator's decision on behalf of the Ombudsman