Gainford Care Homes Ltd (22 018 002)

Category : Adult care services > Residential care

Decision : Closed after initial enquiries

Decision date : 22 May 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about an alleged debt for adult social care fees because we do not have evidence Ms E is a suitable representative of the estate claimed from.

The complaint

  1. Ms E complains about harassment from the Care Provider (Gainford Care Homes Ltd) over an alleged debt of around £14,000 for her mother’s (Ms F’s) care fees.

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The Ombudsman’s role and powers

  1. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:
  • their personal representative (if they have one), or
  • someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Care Provider.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. As the complaint is about an alleged debt from Ms F’s estate, we would expect the suitable person to raise such a complaint to be the person responsible for administering the estate. Ms E has not provided evidence to show she is a personal representative of the estate or a suitable representative to raise this complaint.

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Final decision

  1. We will not investigate Ms E’s complaint because we do not have evidence she is a suitable representative to bring this complaint on behalf of the deceased.

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Investigator's decision on behalf of the Ombudsman

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