Oak Lodge Care Ltd (23 006 517)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 17 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Care Provider refusing to refund care fees. The complaint is late, and there is not a good reason for us to exercise discretion to investigate it.
The complaint
- Miss X complained about the Care Provider’s refusal to refund care fees when her brother (Mr Y) began receiving Continuing Healthcare funding. She says the matter has left her brother’s estate out of pocket by several thousand pounds.
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 information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says she became aware in April 2022 her brother was due a refund of care fees from the Care Provider, as he began receiving Continuing Healthcare funding. Miss X complained to the Care Provider after a refund was not forthcoming. She received its final response in August 2022, in which it said it would only be able to issue a refund to Mr Y’s own account. However, Mr Y had died and Miss X had already closed his bank account.
- Miss X says she instructed a solicitor to correspond further with the Care Provider, but this did not result in a refund of the fees.
- The law says people must bring complaints to us within 12 months of becoming aware of the matter. The 12 month timescale in this case begins in April 2022. I have considered Miss X’s view we should apply the timescale from August 2022. However, she knew in April 2022 a refund was due, and it is from that date, not the date of the final complaint response, that we must consider the 12 months from. There is not a good reason for the further 11 month delay after receiving the final response, and Miss X could have contacted us in August 2022.
Final decision
- We will not investigate Miss X’s late complaint because there is not a good reason for the delay in her bringing the complaint to us.
Investigator's decision on behalf of the Ombudsman