Athena Healthcare (New Brighton One) Limited (25 003 540)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 04 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about privately arranged adult social care in a residential care home. We are satisfied with the action taken to waive half of the care fees. It is unlikely an Ombudsman investigation would reach a different outcome.
The complaint
- Ms B says the Care Provider gave poor care to her relative, Ms C. This caused distress and they moved Ms C to another care home. Ms B would like a full refund of the fees Ms C paid.
The Ombudsman’s role and powers
- 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 or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome.
(Local Government Act 1974, sections 34B(8) and (9))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms C moved into a care home run by Athena Healthcare (New Brighton One) Limited (the Care Provider). Ms B was immediately concerned by the care provision so made alternative arrangements and Ms C moved to another care home after a few weeks.
- The Care Provider has accepted some fault and waived half of the fees. Ms B wants a full refund.
- Residential care costs not only cover an element for care, but also the costs of accommodation and food. The Ombudsman would not expect the Care Provider to waive the full costs in this case.
- Ms B is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
Final decision
- We will not investigate Ms B’s complaint because we are satisfied with the actions the Care Provider has taken to acknowledge the impact on Ms C by waiving £1250 of the care fees. It is unlikely an Ombudsman investigation would achieve a different outcome.
Investigator's decision on behalf of the Ombudsman