Devon care provider, Moors Park (Bishopsteignton) Ltd, has refused to apologise to a client’s son and refund his mother and other residents, after the Local Government and Social Care Ombudsman said the provider had charged them money which was not set out in their contracts.

The Ombudsman initially investigated after the son complained the care home had increased his mother’s care charges without changing her contract, and without any assessed changes to her needs.

The Ombudsman’s investigation found that the provider had decided the woman needed additional care but there was no evidence to show it re-assessed her needs before making the decision.

It found the provider had decided the woman, and 18 other residents in the home, needed care over and above a 25-hour arbitrary limit. The provider then charged an additional fee at an hourly rate, contrary to the Competition and Markets Authority guidance.

The provider did not set out how many hours of care the mother needed and could not show the Ombudsman how these needs had increased. The provider did not increase staffing levels despite the additional monies charged.

The Ombudsman asked the provider to apologise to the son, and pay £100 for his time, trouble and frustration, and refund the additional fees the mother paid between April 2023 and her death. It also recommended the provider refund the additional fees paid by the 18 other residents between April 2023 until they signed an updated contract.

The provider initially agreed to refund the additional fees paid by the mother, but has now decided not to do so.

Local Government and Social Care Ombudsman, Ms Amerdeep Somal said:

“When care providers believe clients’ needs have increased, and it is costing more to meet those needs, they first need to assess what those needs are. Any changes to their contracts need to be transparent, justifiable and based on these assessed needs.

“In this case, the provider has not provided me with any evidence to justify the increase in fees it has charged, and in fact increased the amount the mother paid before carrying out any assessment of need.

“I am disappointed the provider has not agreed to all my recommendations, and I am particularly concerned that it has gone back on its agreement to repay the mother’s family.

“We will be informing care regulator, the Care Quality Commission of our concerns.”

Article date: 20 March 2025