Summary: We will not investigate Mr X’s complaint about the Care Provider failing to return his late father, Mr Y’s, money and about it breaching its contract. This is because the complaint is late and we would not be able to achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Care Provider failed to return his late father, Mr Y’s, money he deposited into its resident’s bank account. He also complained the Care Provider breached its contract with Mr Y when it accepted notice from another relative to terminate his placement at its care home. Mr X said it caused him distress. He wants the Care Provider to return his father’s money and refund some of the care fees. He also wants the Care Provider to provide his father’s estate with a financial remedy for the injustice caused.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said in 2022, Mr Y deposited some money into the Care Home’s (Care Home A) resident’s bank account. Mr Y moved into a new care home (Care Home B) in October 2022. Mr X said the Care Provider has not returned his father’s money.
7. Mr X said the Care Provider accepted a notice to end Mr Y’s placement at Care Home A in October 2022 by a family member who had no authority to act on Mr Y’s behalf. Mr X said the Care Provider only made him aware of this two weeks before Mr Y was due to move to Care Home B.
8. We will not investigate Mr X’s complaint. This is because the complaint is late. We expect people to complain to us after complaining to a care provider, within 12 months of them becoming aware of the matter complained of. Any complaint made after 12 months is late. There are no good reasons why Mr X did not complain to us sooner.
9. In any case, we would not be able to achieve what Mr X wants. This is because as part of his outcome, Mr X wants the Care Provider to provide his father’s estate with a financial remedy. Our guidance on remedies says that where the person affected has died, we would not normally recommend a symbolic remedy in the same way as we might for someone who is still living. We would not expect an organisation to make a symbolic payment to someone’s estate.

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Final decision

10. We will not investigate Mr X’s complaint because it is late and we would not be able to achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman