The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Care Provider refusing to issue a refund. This is because the Care Provider has now issued the refund. This remedies the claimed injustice and an investigation could not achieve anything more.
- The complainant, Mr X, complained the Care Provider refused to refund fees paid in advance for his mother’s care. Mr X’s mother left the care home at short notice due to a lack of staff. Mr X has also raised concerns about the care provided. Mr X wants the Care Provider to refund £600.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Care Provider.
- I considered the Ombudsman’s Assessment Code.
- We will not investigate Mr X’s complaint because the Care Provider has agreed to the refund. This was Mr X’s desired outcome and an investigation could not achieve anything more.
Investigator's decision on behalf of the Ombudsman