Summary: We will not investigate this complaint about residential care costs. This is because during our enquiries, the Care Provider agreed to refund Mrs X. That was the outcome she wanted and remedies any injustice caused.

The complaint

1. Mrs X complained the Care Provider did not fulfil a booking made for respite care for her husband, Mr Y. She said this caused her upset. Mrs X wants a refund for the time Mr Y was not in their care.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs X complained she paid for respite care for Mr Y for one week, but the Care Provider returned him home after three days. She said the Care Provider refused to refund for the period he was not in their care.
6. We will not investigate this complaint. During our enquiries the Care Provider agreed to refund Mrs X £542 for the four days of care Mr Y did not receive. The proposed action remedies any injustice caused; therefore, it would not be proportionate for us to investigate further.

Back to top

Final decision

7. We will not investigate Mrs Y’s complaint because during our enquiries, the Care Provider agreed to refund Mrs X. That was the outcome she wanted and remedies any injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman