Summary: We will not investigate Mr X’s complaint, made on behalf of Mrs Y, about the Care Provider’s fee increase. There is not enough evidence that the Care Provider’s decision to increase the fee causes injustice warranting investigation. We also cannot achieve the outcome Mr X wants.

The complaint

1. Mr X is Mrs Y’s son. Mrs Y is in her 90s and has advanced dementia. She has lived been in a home owned by the Care Provider for about 10 years.
2. Mr X complains the care provider has:
1. increased Mrs Y’s weekly fee by an unreasonable amount;
2. declined to reconsider its fee increase decision;
3. failed to explain the reasons for the increase.
3. Mr X believes the fee increase takes the total fees well in excess of the average cost for the area. He is reluctant to move Mrs Y to a cheaper home because she has been there a long time.
4. Mr X wants to know if the total fees and the latest increase are fair, justified, and acceptable.

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The Ombudsman’s role and powers

5. 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)
6. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the action has not caused injustice to the person who complained, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

7. I considered information provided by Mr X, and the Ombudsman’s Assessment Code.

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My assessment

8. In response to Mr X’s complaint, the Care Provider explained it considered several factors in setting the 2021 fees increase. These included:
• changes in staff costs due to national requirements to increase wages;
• investments to improve staff training and development;
• costs to improve and maintain infrastructure so premises are fit for purpose;
•  
9. . It took multiple factors into account in setting what it considers to be an appropriate annual fee increase rate.
10. We cannot question a Care Provider’s decision on the level of fee increases, as long as that decision was properly taken. The care provider has explained to Mr X how it has reached the figure and the factors it considers in reaching its fee decisions. I acknowledge Mr X considers the annual increase to be too high, but it is a decision the Care Provider is entitled to make, provided it gives clear advance information about any future fee increases so residents or their representatives can make an informed decision.
11. It is for Mr X and other members of Mrs Y’s family to decide whether they consider the Care Provider’s fees are acceptable, or whether another provider may be preferable.

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Final decision

12. We will not investigate @’s complaint because @

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Investigator's decision on behalf of the Ombudsman