Summary: We will not investigate Mrs X’s complaint about her mother’s care provider breaking their contractual agreement when the care home was found to be inadequate by the Care and Quality Commission. This is because an investigation would not lead to a different outcome.

The complaint

1. Mrs X complains her mother’s care provider broke their contractual agreement when they were found to be inadequate by the Care and Quality Commission (CQC). Therefore, she considers the care provider should refund the notice period paid.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe: it is unlikely 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s mother, Mrs A, was in a care home. Following an inspection by the CQC, the care home was found to be inadequate. The CQC’s report was published at the end of August 2023.
6. Mrs X decided to move her mother from the care home at the beginning of August 2023. There is no dispute regarding the date Mrs A moved from the care home. Mrs X said she did not want her mother staying in the care home any longer than needed to as she did not trust the care being provided to her mother.
7. The care home explained the term and conditions of Mrs A’s contract specified a four-week notice period. The care home said this notice period would apply from the beginning of August 2023, when Mrs A moved from the home. Mrs A had paid up to the end of August 2023. As this covers the four-week notice period, the care home explained no refund was due.
8. Mrs X considers the notice period should not apply as the care home breached the terms of the contract by being rated inadequate.
9. The Ombudsman can only make findings based on an ordinary reading of the contract. In this case, the contract specifies there is a four-week notice period. Therefore, an investigation is not justified as it would not lead to a different outcome as we would likely reach the finding the notice period is applicable.
10. I appreciate Mrs X considers the care provider has breached the contract and therefore feels the contract is not enforceable. However, the Ombudsman cannot consider this, and it is more appropriate for Mrs X to pursue this matter through the courts.

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Final decision

11. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman