Summary: We will not investigate this complaint about the actions of a care home when Mr X’s aunt passed away. This is because the care home has already provided a suitable remedy for the complaint and will not investigate.

The complaint

1. Mr X complains the care home where his aunt (Ms Y) was residing before her death closed her bank account when she died. Mr X says the care home took a substantial amount of money from the account and kept this despite having no legal right to do so.
2. Mr X says the care home’s actions caused the family stress and he would like compensation, a full apology and punitive action taken against staff involved.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code and Guidance on Remedies.

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My assessment

6. The care home has accepted that it should not have closed Ms Y’s bank account after she died and has apologised. The care home has acknowledged that this caused a delay in her estate being settled and has agreed to pay the interest that would have accrued between Ms Y’s death and the estate being settled.
7. The care home has also agreed to refund the cost of equipment provided to Ms Y as well as other outstanding invoices.
8. The care home has also taken steps to ensure the same issue does not arise again.
9. The actions of the care home to remedy the complaint are in line with what the Ombudsman would recommend. Therefore, Mr X has receives a suitable remedy for the injustice he has been caused and there is nothing further we could achieve from investigating this complaint.
10. The care home has apologised, provided an appropriate financial remedy and taken steps to improve its services. We will not recommend a care home or body in our jurisdiction take action against individual members of staff. That is a personnel matter for the Council.

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Final decision

11. We will not investigate Mr X’s complaint because the Council has provided him with a suitable remedy for the injustice he was caused and there is nothing further we could achieve.

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Investigator's decision on behalf of the Ombudsman