The Ombudsman's final decision
Summary: We will not investigate this complaint about a care provider incorrectly stating Ms A’s account is in arrears. This is because there is insufficient evidence of fault and injustice to justify an investigation.
The complaint
Mr X complains his mother’s care provider has incorrectly stated her account is in arrears. He says all invoices have been paid and that his mother is due a refund as she paid for one invoice twice.
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 an investigation if we believe the action has not caused injustice to the person who complained. (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
Mr X’s mother, Ms A, receives care from a care provider. The care provider has provided evidence of all debits and credits to Ms A’s account. The account shows a balance of just over £706. The care provider has provided this evidence to Mr X.
Ms A’s late husband paid for the care services by cheque. Mr X says all cheques were posted and therefore his mother’s obligation has been discharged. The care provider said it has not received all the cheques and there is no evidence it had cashed the cheques. The care provider asked Mr X to provide evidence the money had left Ms A’s account. Mr X did not provide any evidence of this.
While I note Mr X’s view that his mother’s obligation ends with sending the cheque, we do not agree this is the case. This is because payment is not made until the cheque has been cashed and the money has been debited from the individual’s account. We accept it is not the fault of Mr X if the cheque has got lost in the post. However, neither is it the fault of the care provider.
Mr X also says the care provider failed to provide invoices on time. However, we do not consider this would have caused Ms A or Mr X any injustice. This is because they are aware there is a charge for the care provided by the care provider. Just because an invoice is late does not mean the services provided do not need to be paid for.
Therefore, we are satisfied there is insufficient evidence of fault in the care provider requesting payment for the services provided to Ms A. This is because the evidence shows there is a balance outstanding on Ms A’s account. If Mr X has evidence that money has left Ms A’s account which the care provider has not accounted for, it is open to him to provide the care provider with this evidence so that it can review its accounts.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault and injustice to justify an investigation.
Investigator's decision on behalf of the Ombudsman