Summary: Acorn Lodge Limited, was at fault for failing to carry out a review of Mrs Y’s care needs prior to issuing her with an eviction notice. The care provider has agreed to apologise and make a payment to remedy the injustice caused.

The complaint

1. Mrs X and her legal representative Mr Z, complain on behalf of Mrs X’s deceased family member, Mrs Y. Mrs Y lived in a residential care home, Acorn Lodge. Mr Z said the care provider failed to:
• Evidence why it could no longer provide care to Mrs Y; and
• Failed to provide an appeal mechanism to challenge the decision.
2. Mr Z said this caused Mrs X distress, frustration and uncertainty.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. If an adult social care provider’s actions have caused an injustice, we may suggest a remedy. (Local Government Act 1974, section 34H(4))
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
7. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Care Quality Commission (CQC), we will share this decision with CQC.

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How I considered this complaint

8. I considered evidence provided by Mr Z and the care provider as well as relevant law, policy and guidance.
9. Mr Z and the care provider had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

10. Mrs Y’s contract with the care provider says that after the expiry of the trial period it can cancel this agreement by providing the resident with:
• At least one month’s written notice, if following a review of the Resident’s care needs the care provider are unable (in its reasonable opinion) to provide the degree of care required as the Resident’s needs have changed and/or it does not have the resources or expertise to continue to adequately meet the Resident’s care needs.
• The care provider will discuss the outcome of the review meeting with the Resident and the Resident’s next of kin (if necessary) with a view (but not under any obligation) to finding alternative accommodation for the Resident.
11. The ‘UK care home providers for older people- advice on consumer law’ government guidance says:
• Even where a resident might be in serious breach of contract, the provider should ensure that the resident and their representatives are given sufficient opportunity to address the conduct (for example, address detrimental behaviour or catch up with missed payments) and, where necessary, appeal a decision to end the contract.
• The care provider should not ask a resident to leave the care home without first consulting with them and their representatives, and any other relevant independent professionals, and after efforts have been made to meet the resident’s care needs. The reasons for the consultation should be fully discussed, together with possible solutions, before any final decision is made on the resident’s continued stay in the care home.

What happened

12. Mrs Y moved into Acorn Lodge in 2023 and in January 2025 Mrs X raised some concerns regarding Mrs Y’s food intake.
13. Following Mrs X raising these concerns, the care provider had a meeting with Mrs X about this on 24 February. Mrs X emailed the care provider with a recap of what was agreed in this meeting which Mrs X said was as follows:
• Review current meal plans with Mrs X and Mrs Y;
• Mrs X to create five or six recipes that Mrs Y would eat; and
• Send the care provider the new recipes for review and implementation.
14. On 27 February, the care provider asked Mrs X for another meeting but gave no information about what it would be about. Mrs X declined the meeting as she wanted focus on progressing the action plan first.
15. On 5 March 2025, the care provider sent a letter to Mrs X giving notice to terminate Mrs Y’s placement there.
16. The following day the care provider held a meeting with Mrs Y and a family friend. The meeting minutes show the Council said the following:
• It had met with the chef to try to accommodate to Mrs Y’s dietary needs;
• Mrs Y is not happy with the food and it is impacting her health;
• Mrs Y has lost weight and this has not improved despite dietician input; and
• It is no longer able to meet Mrs Y’s needs and her needs may be better met at a smaller home which is able to cater for individual needs.
17. On 12 March, Mr Z complained the care provider had failed to:
• Evidence why it could no longer provide care to Mrs Y; and
• Failed to provide an appeal mechanism to challenge the decision.
18. Mr Z asked the care provider to organise a meeting with Mrs Y and her family to come to a mutually agreeable solution. Mr Z said this would prevent the need for Mrs X to proceed with the complaint and make an appeal against the care home’s decision.
19. On 31 March, the care provider held a further meeting with Mrs Y, Mrs X and her partner. The care provider reiterated what was already said in paragraph 16.
20. In May, the care provider issued a final complaint response. It said the following:
• The decision to terminate the contract was made collaboratively with the directors, ensuring that it was not solely the home manager’s decision;
• The home manager scheduled a meeting with Mrs Y and Mrs X to explain the reasons for termination. However, Mrs X could not attend so a family friend attended instead;
• It understood this was a challenging transition for Mrs Y so it extended the notice period; and
• It did not currently have an appeal process for contract terminations. However Mrs Y has now moved out of Acorn Lodge.
21. Mrs X remained dissatisfied with the care providers handling of the matter so Mr Z bought the matter to us.

Care providers response to our enquiries

22. The care provider said the meeting it held with Mrs X on the 24 February was a meeting to review Mrs Y’s care needs. It has not been able to provide any meeting minutes from this.
23. The care provider said it emailed Mrs X on 27 February to hold another meeting to discuss the concerns before giving notice but Mrs X declined.
24. The care provider has provided Mrs Y’s updated care plan as evidence it reviewed Mrs Y's care needs. However, the diet and nutrition section of the plan, which was the reason for giving notice, was updated on 21 March. This was after it gave Mrs Y notice. Prior to this it was 6 February.
25. The care provider said that at no point did Mr Z or Mrs X request to appeal the decision. The care provider said it had multiple meetings, there were ongoing concerns and it explored all avenues of resolution.

My findings

26. The care provider gave notice to Mrs Y on 5 March as it said it could no longer meet Mrs Y’s dietary and nutritional needs. In order for it to give notice, it should have reviewed Mrs Y’s care needs and discussed the outcome of the review meeting with her.
27. The care provider has not been able to provide evidence a review meeting took place or that it reviewed Mrs Y's dietary and nutritional needs prior to giving notice. Whilst the care provider said the meeting on 24 February was the review meeting, there are no meeting minutes to substantiate this. Mrs X’s email recapping the action points suggests the meeting was about incorporating meals onto the menu which Mrs Y would eat. On a balance of probabilities, a review meeting did not take place which was fault. This caused Mrs X distress, frustration and uncertainty about the decision to give Mrs Y notice.
28. The care provider is not required to have an appeal process but it should have given Mrs X and Mrs Y sufficient opportunity to address the concerns. In line with the guidance, it should not have asked Mrs Y to leave the care home without first consulting with them and their representatives. Whilst the care provider said it tried to arrange a meeting with Mrs X, it did not provide any details to her about what meeting would be about and so she declined this. The care provider gave notice to terminate Mrs Y’s placement on 5 March but it did not hold a meeting with Mrs Y about this until 6 March and Mrs X until 31 March. This was fault which caused Mrs X distress, frustration and uncertainty about the decision to give Mrs Y notice.

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Action

29. Within one month of the final decision, the care provider has agreed to:
1. Apologise to Mrs X for the distress, frustration and uncertainty caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
2. Pay Mrs X £100 as a symbolic gesture for the distress, frustration and uncertainty caused by the faults identified.
30. Within three months of the final decision, the care provider has agreed to create an action plan to demonstrate how it will ensure:
1. It adequately records that it has carried out a review meeting prior to giving notice; and
2. It consults with residents and their representatives prior to giving notice.
31. The care provider should provide us with evidence it has complied with the above actions.

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Decision

32. I find fault causing injustice. The Care Provider has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman