The Ombudsman's final decision
Summary: We will not investigate this complaint about the Care Provider increasing Mrs C’s care charges. This is because it is unlikely we would find enough evidence of fault with the actions taken by her Care Provider to warrant an ombudsman investigation.
The complaint
Mr B complained his mother’s, Mrs C’s Care Provider increased her care charges twice in one year. In April the Care Provider implemented an annual increase and again later in the year to cover the cost of the increase in payment of Funded Nursing Care (FNC). Mr B says Mrs C’s Care Provider should deduct £209.19, the FNC increase from 1 April 2022, from her fees and she should pay £1,788.65 per week.
The Ombudsman’s role and powers
We investigate complaints about adult social care providers. 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 the injustice is not significant enough to justify our involvement, or it is unlikely we could add to any previous investigation by the care provider, or it is unlikely further investigation will lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, sections 34B(8) and (9))
How I considered this complaint
I considered information provided by the complainant and the Care Provider.
I considered the Ombudsman’s Assessment Code.
My assessment
The Contract sets out what fees are payable. FNC is a payment to Care Provider’s towards nursing care. 5.5.1 to 5.5.4 of the contract explains this point.
The Care Provider increased Mrs C’s fees from £1,676.15 to £1,997. This was an 8% increase on the net fees plus FNC of £187.60. In April the NHS increased FNC by a further £21.59 so Mrs C’s gross fees increased to £2,019.43. This did not increase the net amount she is currently paying which is £1,810.24 a week.
Mrs C was never entitled to a reduction in her net payments because of the increase in FNC but her gross amount increased by £21.59 in April when the NHS increased the amount it awarded Care Provider’s in FNC. So although Mrs C’s gross payment went up in April it did not affect the amount of the net payment.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault with the actions taken by the Care Provider warranting an Ombudsman investigation.
Investigator's decision on behalf of the Ombudsman