Summary: Mrs X complained the care provider, Didcot Care Home Ltd, failed to refund her father, Mr Y’s, deposit after the care home gave notice and he moved out in August 2023. The care provider was at fault as it failed to refund the deposit, issued a bill for hours of care which Mrs X was not aware of and had not agreed to, and for its failure to respond to her complaint. The care provider has agreed to refund the deposit and pay Mrs X £250 to acknowledge the frustration and time and trouble she was caused. It has also agreed to review its procedures.

The complaint

1. Mrs X complained the care provider, Didcot Care Home Ltd, failed to refund her father, Mr Y’s, deposit after the care home gave notice and he moved out in August 2023. It has also failed to respond to her complaint about this. This has caused her frustration and time and trouble and left Mr Y without money he is properly owed.

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The Ombudsman’s role and powers

2. 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 a significant injustice or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 34B, 34C and 34H(3 and 4) as amended)
3. 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)
4. Under our information sharing agreement, we will share the final decision with the Care Quality Commission (CQC).

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How I considered this complaint

5. I have considered the information provided by Mrs X including email exchanges with the care provider and Mr Y’s contract.
6. I have considered the relevant law and guidance.
7. I gave Mrs X and the care provider the opportunity to comment on a draft of this decision. I considered any comments I received in reaching a final decision.

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What I found

Relevant law and guidance

8. 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.
9. Regulation 19 sets out that providers should give timely and accurate information about the cost of care and treatment to people who use their services. Providers must make written information available about any fees, contracts and terms and conditions, where people are paying either in full or in part for the cost of their care, treatment and support.
10. The Mental Capacity Act 2005 is the framework for acting and deciding for people who lack the mental capacity to make particular decisions for themselves. The Act introduced the “Lasting Power of Attorney (LPA)”. An LPA is a legal document, which allows a person (‘the donor’) to choose one or more persons to make decisions for them, when they become unable to do so themselves. The 'attorney' is the person chosen to make a decision on the donor’s behalf. Any decision has to be in the donor’s best interests. There are two types of LPA: property and finance and health and welfare.

The care provider’s complaints procedure

11. The care provider has a two stage complaints procedure. It says at stage one a complaint will be responded to by the care home and stage two at divisional level. It sets out that it will respond to a complaint within 21 days and will provide an update if the timescales require extending. If a complaint is not resolved at stage one, it will progress to stage two for a regional level response.

What happened

12. Mr Y moved into the care home in 2022. Mrs X has LPA for Mr Y and so signed the contract on his behalf. The contract stated a refundable deposit equal to one month’s fees (£5,600), together with the first month’s fees must be paid before admission. Mrs X paid a deposit of £5,600.
13. In August 2023 the care provider served notice on Mr Y as it could no longer meet his needs. Mrs X told the care provider Mr Y would move out at the end of that month as she had found an alternative care home. Mrs X asked the care home what the arrangements were for refunding his deposit. It responded that it would inform the head office who would action the refund and all relevant paperwork.
14. Mrs X chased the care home for the return of the deposit and in early October the care home manager provided her with a copy of its complaints procedure. Mrs X submitted a complaint by hand to the care home and asked if she could escalate the matter to a divisional manager. The care home provided her with the divisional director’s details.
15. In mid October Mrs X contacted the divisional director for an update. They advised they had contacted the support office for an update and copied her in to an email they sent to two senior officers, chasing a response.
16. Mrs X contacted the senior officers by email and set out that it was now 21 days since she had submitted her complaint. She received no response and so contacted the Ombudsman. She also contacted the care home manager who advised that the matter sat with the finance team.
17. In late November 2023 the care provider emailed Mrs X. It said that senior management had reviewed the refund paperwork. They said that on reviewing the care hours these showed that on average it provided 18 hours of extra care per week to Mr Y. In addition, it charged a £500 deep clean room fee which left an outstanding balance of £600 which it said Mrs X owed to the care provider. It issued Mrs X with an invoice for 288 hours of extra care plus £500 for a deep clean.
18. Mrs X responded that at no time was she told of extra hours being required or being given to Mr Y. She was willing to accept the deep clean fee but nothing else.
19. In early December 2023 the care provider said it would write off the £600 she owed as a goodwill gesture.

Findings

20. Mr Y’s contract for care included a £5,600 refundable deposit. The care provider has not refunded this which is fault. This has left Mr Y without money he is properly owed.
21. Mrs X complained to the care provider and it failed to respond to her complaint in line with its complaints procedure. Mrs X has had to repeatedly chase the care home and care provider. This is fault and caused Mrs X time and trouble.
22. In November 2023, three months after Mr Y left the care home, the care provider issued Mrs X with a bill for 288 extra hours of care. Mrs X says she was never informed Mr Y needed additional support outside that provided under the contract, she was not aware of and never agreed to these charges.
23. Mr Y’s contract makes no reference to extra charges and I have seen no evidence the care provider agreed with Mrs X, Mr Y’s LPA, that he needed additional care outside of the contract which would be chargeable. I have seen no evidence to show this care was necessary or how or when it was delivered. This is not in line with the CQC fundamental standards and is fault. This meant Mr Y was charged for care that was not agreed and without evidence it was required.

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Agreed action

24. Within one month of the final decision on this complaint, the care provider has agreed to refund Mr Y’s deposit of £5,600 and pay Mrs X an additional £250 to acknowledge the frustration and time and trouble she has been put to by the care provider’s failure to refund the deposit, by the unexpected, not agreed care bill and for failing to respond to her complaint.
25. Within two months of the final decision, the care provider has agreed to:
1. review its procedures to ensure deposits are refunded in a timely manner; and
2. remind relevant officers of the need to respond to complaints within the timescales set out in its complaints procedure.
26. The Care Provider should provide us with evidence it has complied with the above actions.

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Final decision

27. I have completed my investigation. There was injustice caused by the Care Provider’s faults which the Care Provider has agreed to remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman