Summary: Miss X complained the Care Provider’s visits to her father were too short and that it did not attend some. She also complained it refused to give her a refund. The Care Provider was not at fault in how it charged Mr Y for his care, but it was at fault for keeping incomplete records of its visits. This caused Miss X uncertainty. The Care Provider will pay Miss X £200 in recognition of that injustice.

The complaint

1. Miss X complained on behalf of her late father, Mr Y. She said the Care Provider’s home care visits to Mr Y were sometimes too short and some did not happen at all. She also said it wrongly refused to give her a refund for the period Mr Y was in hospital.
2. Miss X said this caused her significant distress and she is uncertain if the Care Provider cared properly for Mr Y.

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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. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
4. 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

5. I have considered:
• all the information Miss X provided and discussed the complaint with her;
• the Care Provider’s complaint response and contact with Miss X;
• the relevant law and guidance and the Ombudsman's guidance on remedies.
6. Miss X and the Care Provider 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

Relevant law and guidance

CQC fundamental standards

7. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards that registered care providers must achieve. The Care Quality Commission (CQC) has guidance on how to meet the fundamental standards.
8. Regulation 17 says care providers must keep an accurate and complete record of the care and treatment they provide.

What happened

9. In mid-February 2022, the Care Provider began providing care for Mr Y at his home. It was due to visit him once in the morning for 30 minutes and once before bed for 30 minutes. Mr Y paid for one month in advance.
10. Just over a week after the Care Provider began visiting Mr Y, he was taken to hospital. Around three weeks later, in mid March, Mr Y died and Miss X gave notice to the Care Provider to end the service.
11. Miss X complained to the Care Provider and then to the Ombudsman. She said she would like a refund of the cost of care for the period Mr Y was in hospital and the Care Provider had refused.
12. Miss X also sent us records of the care workers’ visits to Mr Y. They show that on five occasions, no visit was recorded. On five other occasions the visit was shorter than the commissioned 30 minutes. However, records of those visits still state the care workers supported Mr Y including emptying his urine bag, making him drinks and supporting him in and out of bed. On one visit the care worker stayed for 50 minutes because Mr Y was not feeling well and on another the care worker stayed longer to get to know him.

Findings

13. Mr Y’s care records show care workers visited for less than the allocated time on five occasions. This may have been appropriate, if Mr Y did not need or want support that would take up the entire 30 minutes. In addition, the records show the care workers supported Mr Y even on the shorter visits and they stayed later when necessary, such as when he was unwell. The Care Provider was not at fault.
14. On five of Mr Y’s scheduled visits, there is no record the Care Provider attended. This was not in accordance with Regulation 17, which requires that care providers keep accurate and complete records of the care they provide. The Care Provider was at fault, which caused Miss X avoidable uncertainty about whether the calls took place, and therefore whether Mr Y received appropriate care.
15. Mr Y paid for his care in advance and was in hospital for around three weeks. During that period, he had paid for, but was not receiving, home visits. However, Miss X did not tell the Care Provider that she wanted to end its services until after Mr Y died. The Care Provider was not at fault for refusing to refund the cost of Mr Y’s care prior to that date.

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Agreed action

16. Within one month of the date of my final decision, the Care Provider will pay Miss X £200 to remedy the uncertainty she experienced as a result of the incomplete records.

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Final decision

17. I have completed my investigation. I have found fault leading to personal injustice. I have recommended action to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman