Is information about your charges easy to find and understand?
We found a care home at fault for not properly telling its residents how fees were calculated.
This case highlights important learning for other care providers on telling people about how much they need to pay for their care.
In this case, the care provider consulted with residents, and their representatives, on changes it was making, but did not check whether they understood them.
The provider was introducing a new assessment and fee structure, which was “points-based” and placed clients in bandings based on their needs.
While the provider was trying to be more open about the fees it charged, in doing that it failed to explain the changes being made. Our investigation also found the provider did not mention changes to its hospitality and service fees.
We also found the provider had not updated the terms and conditions of its contracts to match the new way of calculating fees. This meant residents and prospective residents would not be able to understand how fees were calculated depending on the level of care needed.
The Competitions & Markets Authority says notice of less than 28 days for any changes to care charges is likely to be unfair for clients. The provider told us it was not giving this amount of notice.
As a result of our investigation, the care provider has agreed to not only apologise to the complainant, but crucially, to change its contracts and provide sufficient notice in the future if it changes its band rates and fees.
You can read our full decision statement about the case on our website.
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Devon care provider, Moors Park (Bishopsteignton) Ltd, has refused to apologise to a client’s son and refund his mother and other residents, after we said the provider had charged them money which was not set out in their contracts. This resulted in us issuing an adverse findings notice.
Our findings are binding and can only be challenged through the courts. However, we do not have the power to enforce compliance with recommendations we make. Despite this we see compliance in more than 99% of cases.
Where an organisation decides not to comply with our recommendations, we will consider issuing a report (known as an adverse findings notice in relation to care providers). These are published on our website, publicised through the press and shared with the Care Quality Commission.
Would you know what to do if we contacted you about a complaint?
We investigate complaints about all private adult social care providers in England alongside complaints about adult social care services provided and commissioned by local authorities.
To help care providers understand our role and legal powers to investigate complaints we have produced a helpful guide which can be found on our website.
We expect people to complain to you first before contacting us. We have produced a free training video you can share with staff that explains what they should do when someone makes a complaint. Watch the video here: Resources for care providers
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Many care providers are commissioned or contracted to provide care services on behalf of local councils.
Local councils have a legal duty to handle complaints about the adult social care services they are responsible for, even if it is provided on their behalf by a private care provider. There is a specific process they must follow.
We have produced a good practice guide for local councils on how to handle complaints about adult social care services, including where another organisation is providing the service on its behalf.
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Did you know we offer training for organisations we investigate on how to handle complaints?
Our online courses share good practice on accepting, investigating and deciding complaints for councils and social care providers. Responding to complaints effectively and proportionately supports continuous improvements in organisations and improved customer satisfaction.
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