The Ombudsman's final decision
Summary: We will not investigate this complaint about overpayment for adult social care at home. This is because the Care Provider has agreed to refund the overpayment. We are satisfied with the actions the Care Provider has agreed to take and it is unlikely an investigation would achieve anything further.
The complaint
Ms D says the Care Provider sent two care workers to care visits at home when only one was needed and wanted. This meant the family paid more than they needed to for twelve weeks. Ms D says this was an overcharge of almost £5000 which they want refunded.
The Ombudsman’s role and powers
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) 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)
How I considered this complaint
I considered information provided by the complainant and the Care Provider.
I considered the Ombudsman’s Assessment Code.
I considered the Ombudsman’s Guidance on remedies.
My assessment
If we investigated the complaint, it is likely we would find the Care Provider at fault because it accepted in its complaint response there was a period where it would have been possible to have sent one care worker. We therefore asked the Care Provider to consider remedying the injustice caused by its actions by giving a refund of the cost of the extra care worker for that period, to resolve the complaint early.
Agreed action
To its credit the Care Provider agreed to resolve the complaint early and will refund £4996.64 to the family, which is the amount Ms D says they overpaid. The Care Provider will make the refund within one month of this decision.
Final decision
We have upheld this complaint because the Care Provider has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms D’s family.
Investigator's decision on behalf of the Ombudsman