• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about issues relating to his mother’s two week long respite stay at the Care Provider’s care home. This is because the Care Provider has already offered a suitable remedy for the issues raised in the complaint and there is nothing further we would add or recommend.

The complaint

1. The complainant, whom I shall call Mr X, complains about matters relating to his mother’s (Mrs Y’s) two week long respite stay at the Care Provider’s care home in 2019.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We may decide not to start an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Care Provider, or
• it is unlikely further investigation will lead to a different outcome (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

5. I considered information provided by the complainant and the Care Provider.
6. I considered the Ombudsman’s Assessment Code.
7. I sent the complainant a copy of my draft decision and considered his comments in response.

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My assessment

8. Mr X paid for a two week long respite stay for his mother, Mrs Y, at the Care Provider’s care home in 2019.
9. Mrs Y sadly died in 2020, and Mr X complains on her behalf.
10. Mr X complained to the Care Provider about Mrs Y’s stay. His complaint raised concerns around the care provided; meals; hygiene; activities and facilities provided during Mrs Y’s stay.
11. In its complaint responses, the Care Provider addressed and answered the issues raised; acknowledged that on occasion care fell below the required standard in relation to some of the issues raised; and offered to refund Mr X 30% of the fees he paid, which equates to just under £700, as a remedy for this.
12. Mr X remains dissatisfied with the Care Provider’s response and seeks a full refund.

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Final decision

13. We will not investigate this complaint. This is because the Care Provider has already offered a suitable remedy for the matters raised in this complaint by taking the action set out in paragraph 11, above. There is nothing further an investigation by this office would add or recommend to the remedy the Care Provider has already offered.

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Investigator's decision on behalf of the Ombudsman

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