The Ombudsman's final decision
Summary: We will not investigate this complaint about the Care Provider failing to refund money it owed to Mrs Y after the local authority paid it for Mrs Y's care. It has now refunded the funds.
The complaint
Mrs X complained the Care Provider failed to refund money owed to her mother (Mrs Y) after it had been paid by both Mrs Y and the local authority. She said the Care Provider paid in part but still owed Mrs Y nearly £8,500, causing a financial disadvantage and meaning she could not pay Mrs Y’s contributions to the local authority. Mrs X wanted the Care Provider to refund the outstanding money.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y paid privately for her residential care. The local authority then agreed to contribute to her care costs. The local authority paid the Care Provider, including a backdated payment. The Care Provider agreed to refund charges Mrs Y had paid which the local authority had now also paid to it. Mrs X complained to the Care Provider after it stopped making payments four months later.
Mrs Y complained to us because she did not receive a response from the Care Provider. We contacted the Care Provider and also received no response. If we investigated this complaint, it is likely we would find fault in the Care Provider’s delay in refunding the money due to Mrs Y’s estate, and in complaint-handling.
However, the Care Provider has now refunded the outstanding funds to Mrs X, meaning she can settle Mrs Y’s finances and estate. Given this, it would not be proportionate for us to investigate the matter further.
Final decision
We will not investigate Mrs X’s complaint because the Care Provider has now refunded the money it owed to Mrs Y’s estate.
Investigator's decision on behalf of the Ombudsman