Limited powers of Ombudsman

Ombudsman powers are surprisingly limited

We are all familiar with the idea that the Local Government and Social Care Ombudsman is our last resort if we have a serious complaint which can’t be resolved with the service provider.

But occasionally, we are reminded that their powers are actually quite limited, if the provider in question decides to ignore them.

Priory Mews Healthcare in Gravesend, Kent has done just that.
 

Refusal to comply with ombudsman’s directive

The Gravesend care provider has refused to refund fees it charged a family for their relative’s care, despite the Ombudsman saying it should do so.

The Local Government and Social Care Ombudsman has asked Priory Mews Healthcare Ltd to refund part of the money it charged a family for a relative’s four-month stay in 2023. However, the provider has refused, despite there being no contract in place at the time the money was charged.
 

Adverse Findings Notice issued

The Ombudsman has issued an Adverse Findings Notice about the provider, which will be shared with care regulator the Care Quality Commission. The notice is the last step of the Ombudsman’s powers, to inform the public in the rare occasions when a care provider decides not to carry out the Ombudsman’s recommendations.

The family’s complaint was from when their relative’s placement at the home moved from being funded by the council to being independently funded. The family knew they would be charged for the care, made enquiries, and believed they would be paying a similar amount to the money the council had been paying.

However, the care provider did not confirm this, and instead landed the family with a significantly higher bill when they finally sent out their contract some months later.

The Ombudsman told the provider to repay the family the difference between what they paid for the four months of care, and the cost of a less expensive care home that they moved the relative to, when they received the new contract.
 

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

“It is vitally important that families are provided with clear contracts, containing all the information they need to budget, so they are not faced with distressing decisions when the true cost of care comes to light.

“In this case, the family had to make the difficult decision to move their relative some months after they had settled in the care home.

“I have asked the provider to repay the difference in fees between their costs and those of the new home because it is clear the relative would have moved her at the earliest opportunity had they known sooner.

“I am deeply concerned with the provider’s response to both my investigation and its recommendations and hope it will reflect on my report and look again at how it considers any complaints it receives.”

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How does the Ombudsman service operate?

The Local Government and Social Care Ombudsman is the final arbiter of problems with local authorities and other care providers, but their power really is limited.

If the Ombudsman finds that the council or care provider has done something wrong, they will ask them to put things right. There is no legal power to force them to comply, but they almost always do.

 

The sort of actions that the Ombudsman might recommend include:

• Making an apology

• Providing a service that they haven’t been providing

• Reconsidering a decision they have taken

• Improving procedures so that this problem doesn’t recur

• Making a payment, including reimbursing losses or costs incurred because of their action/inaction
 

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Further reading and resources

Time matters – complaints to the ombudsman must be made within one year

You can read more about the Local Government and Social Care Ombudsman here

If your problem is with health services, it is the Parliamentary and Health Service Ombudsman you need

Care providers should comply with the Competition and Markets Authority (CMA)’s guidance

The ombudsman service is a last resort. Local authorities have Monitoring Officers who have a legal duty to investigate any alleged unlawfulness within the council

LGSCO annual review of adult social care complaints

 
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