The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about increased Care Provider fees because there is not enough evidence of fault to justify investigation.
The complaint
Mrs X complains on behalf of her mother, Mrs Y, that the Care Provider increased its fees above the standard annual increase stated in its contract.
The Ombudsman’s role and powers
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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 signed a contract with the Care Provider on behalf of her mother Mrs Y. Mrs X says the contract stated there would be an annual fee increase of 7%. She says the Care Provider has increased its fees by more than 14% which she feels is unreasonable.
The Care Provider’s contract states it will carry out an annual fee review and may increase its fees “in the event of high inflation and/or additional cost pressures”. The Care Provider has increased its fees in line with its contract, which was clear and provided to Mrs X. I will therefore not investigate this complaint as there is not enough evidence of fault.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman