Mrs Sushma Nayar and Vipin Parkash Nayar (20 014 457)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about charges for residential care. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no worthwhile outcome an investigation could achieve because the Care Provider has agreed to the complainant’s request for a refund.
The complaint
- The complainant, Mr X, complained about the charges for residential care provided to his deceased father. Mr X said the Care Provider had failed to consider payments made by the NHS, did not return a deposit, and failed to refund fees which had been overpaid.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Care Provider.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Mr X’s complaint because the Care Provider has now agreed to the complainant’s request for a refund. An investigation by the Ombudsman would not achieve anything more.
Investigator's decision on behalf of the Ombudsman