Summary: There was fault by the care agency. It did not send a written contract to Mrs X, when it arranged home care for her mother. It also did not provide enough notice in writing when it decided to terminate care services. This caused considerable distress for Mrs X, as her mother did not receive visits for 3 days before she became aware that care had stopped. An apology and a payment remedies the injustice caused.

The complaint

1. The complainant, who I shall call Mrs X, complains for her mother, Mrs Y. She complains that Proper Care did not send a contract or statement of care before care started for her mother in her home.
2. Mrs X complains that Proper Care cancelled care without telling her, so her mother was without care visits for three days. This meant that her mother was without medication or meals for this time. Mrs X also complains the carers from Proper Care did not stay for the full length of care calls but have invoiced them for the full cost.

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The Ombudsman’s role and powers

3. 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)
4. If an adult social care provider’s actions have caused an injustice, we may suggest a remedy. (Local Government Act 1974, section 34H(4))
5. 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)
6. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Care Quality Commission (CQC), we will share this decision with CQC.

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How I considered this complaint

7. I read the papers put in by Mrs X and discussed the complaint with her.
8. I considered the Council’s comments about the complaint and any supporting documents it provided.
9. Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

10. Part 3 and Part 3A of the Local Government Act 1974 give us our powers to investigate adult social care complaints. Part 3 is for complaints where local councils provide services themselves. It also applies where a council arranges or commissions care services from a provider, even if the council charges the person receiving the care. In these cases, we treat the provider’s actions as if they were council actions. Part 3A is for complaints about care bought directly from a care provider by the person who needs it or their representative, and includes care funded privately or with direct payments using a personal budget. (Part 3 and Part 3A Local Government Act 1974; section 25(6) & (7) of the Act)

Key facts

11. The Community Psychiatric Nurse who visited Mrs Y asked the care agency if they could provide home visits. This was because Mrs Y’s daughter lived some distance away. Mrs X paid for the care Mrs Y needed directly to the agency.
12. The care agency said it telephoned Mrs X on 24 November. The care agency said that they explained the cost in this phone call and that they would sort out the paperwork in January when Mrs X travelled to the area. The care agency said that Mrs Y did not have capacity to sign a contract.
13. The care agency said that its procedure was to issue a contract at the commencement of care. It said that ‘In this case, due to wanting to help a family, they were not followed to the letter. We are happy to apologise to Mrs X that they were not. We are happy to offer the sum of five pounds for her time and trouble in pursuing a complaint’.
14. The care agency telephoned Mrs X on 9 February 2022. The care agency says that ‘it told Mrs X that if she elected not to pay the outstanding invoices care would cease on Friday 11 February. Mrs X did not make arrangements or notify us of any intention to pay. It contacted the PCN on Friday and informed her the care was stopping’. The care agency said that’ its usual practice is to provide two weeks notice to terminate care. However, communication had broken down to such an extent that this was not enforced’. The care agency said that it does not consider it was at fault to terminate the care but it will not go forward with a new package of care without a signed contract, even if this delays the commencement of services.

My analysis

Contract

15. There was fault by the care agency, as it did not provide Mrs X with a written contract. It has offered to apologise to Mrs X and offered 5 pounds as a remedy to her complaint.

Termination of contract

16. The care agencies normal practice is to provide two weeks notice of the termination of care. Without a contract, there is no way Mrs X would have been aware of this. In this case, the care agency said it told Mrs X on Wednesday that it would terminate care 2 days later if she did not pay the invoice. Mrs X’s recollection of the conversation is different. Mrs X says her recollection from that call was that care was not going to stop. Mrs X says there was no way that she would have agreed to care visits stopping without making alternative arrangements as her mother normally received care at weekend. Mrs X says she discovered late on the Monday that care had stopped on the Friday, because a medical professional phoned to tell her. Mrs Y was without medication and visits for 3 days.
17. I consider there was fault by the care agency. It did not follow its usual procedures and give Mrs X two weeks notice of termination of care. It also did not put it in writing, to ensure Mrs X understood.
18. I am not critical of the care agencies decision to terminate care. Given that Mrs X disputed invoices and Mrs Y was refusing care I can understand the care agency considered the arrangement had broken down. But, the care agency was aware Mrs Y was vulnerable and that Mrs X lived some distance away, so its decision to end care just before the weekend with no written notice led to Mrs Y being without care for 3 days.

Invoice for care costs

19. Mrs X explained the care agency staff did not stay for the full hour they were invoicing for. The care agency explained that Mrs Y often asked them to leave, sometimes after just 10 minutes. Mrs X says that she thinks the care agency should only invoice for the time they stayed, rather than the full hour.
20. There is no written contract, which would have told Mrs X from the start exactly how the care agency would invoice. However, as Mrs X booked a one hour call, I consider it reasonable for the care agency to invoice for the full hour as they would have allocated staff for this period and could not take on other work for the hour. I do not find fault on this point.

Conclusion

21. There was fault by the care agency, it failed to provide a written contract and to provide its usual two weeks notice to terminate the contract, in writing.
22. The care agency has offered Mrs X 5 pounds compensation. This is a very low amount, considering that Mrs Y was without care for 3 days. She was not checked on for 3 days to ensure she had meals or medication. The care agency knew she was vulnerable and that it was unlikely new carers could be sourced that quickly. Luckily, no permanent harm came to Mrs Y, but the knowledge that her mother was not checked for 3 days caused considerable distress and anxiety to Mrs X. Mrs X has explained they now have a new care arrangement which is working well. Mrs X paid the invoice in full after the care agency employed debt collectors.

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Agreed action

23. The service provider should apologise to Mrs X for its failure to send her a written contract and written notice it was terminating the contract within one month of the date of the decision on this complaint.
24. The service provider should pay Mrs X £300 to the distress and inconvenience caused to her within one month of the date of the decision on this complaint.

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Final decision

25. I have completed my investigation of this complaint. This complaint is upheld. Mrs X has been caused an injustice by the actions of the service provider and I have recommended it take action to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman