The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Care Provider’s handling of her mother’s care home fees because it has apologised and resolved the issue. Further investigation by us would therefore not be proportionate.
The complaint
Mrs X complains the Care Provider delayed taking payment for care home fees from her mother, Mrs Y and invoiced Mrs Y in error. Mrs X notes the first issue was resolved but she is concerned the invoicing error could be a systemic fault affecting others. She also seeks compensation for distress.
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: the injustice is not significant enough to justify our involvement, or 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 Mrs X and the Care Provider.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X accepts the Care Provider took action to resolve its delay in invoicing her mother and apologised. I consider this to be a suitable remedy and further investigation would not lead to a different outcome.
The Care Provider invoiced Mrs Y for a client contribution in error. It explained this happened because some residents paid it directly and others through the council. It apologised and resolved the issue. I consider this to be suitable remedy and further investigation would not lead to a different outcome.
We do not award compensation in the same way as the courts. While we can consider symbolic payments for distress, any injustice suffered by Mrs X is not significant enough to warrant a further remedy.
Final decision
We will not investigate Mrs X’s complaint because further investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman