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A care provider has been heavily criticised and issued with a notice for a second time by an ombudsman, after it failed to act on complaints about a woman's care.
The criticism is aimed at Foxley Lodge Care Ltd, which runs the Sonia Lodge home in Walmer, near Deal, which is a centre specialising in dementia care.
The first time it was criticised by the watchdog was after bosses increased charges for a resident with dementia by 25%.
Now it has been given a notice for its response to family complaints and subsequent investigations by officials.
It is the first independent care provider to receive two Adverse Findings Notices (AFN) against it, which have been issued by the Local Government and Social Care Ombudsman (LGSCO).
In the last 10 years the LGSCO has investigated more than 1,300 complaints but issued just 10 AFNs,
The original complaint, which was investigated in 2019, was about how the care provider increased its charges to the resident at the Warwick Road home.
It threatened her with eviction when her family said they would only pay an increase of 5%, as stated in their contract, it was alleged.
Following that investigation, the Ombudsman asked the care home to review its complaints process.
The home did not properly respond to the ombudsman, leading to the first AFN being published, the LGSCO says.
After this, the home gave notice to the woman, who by then had an advanced form of dementia, without consulting healthcare professionals and contrary to its own contract, a statement from the ombudsman says.
Management said the centre could no longer meet her needs. The resident died on November 18, 2019, before she had to move.
"This care provider has failed to respect our role of investigating..."
The family again complained and the ombudsman issued a High Court witness summons to the care provider to demand it showed evidence the woman needed the extra care the company said it could not provide.
The second investigation found the care home did not investigate the family’s complaints properly, offer a full response in writing, or signpost the family to the ombudsman at the end of its complaints process.
The ombudsman recommended the care home apologise to the family and review its complaints processes.
Bosses at the home have again failed to engage with the ombudsman or respond to its recommendations to remedy the complaint, the LGSCO says.
Michael King, local government and social care ombudsman, said: “It is disappointing to say the least, this care provider has failed to respect our role, agreed by Parliament, of investigating in a fair and independent way.
"This which has given it the dubious distinction of the first ever to receive a second critical notice.
“I cannot tell the extent to which this behaviour might cast doubt in the eyes of current or future service users, about how fairly they would be treated if they were unfortunate enough to experience an issue with their care.
“But anyone considering care for themselves or a loved one will have to ask themselves whether an organisation showing this level of disdain for its ombudsman is still one they can put their faith in.”
The LGSCO looks at individual complaints about adult social care services in England, regardless of whether that care is paid for or arranged by a local authority or privately.
Where its finds fault that has caused an injustice, the ombudsman makes recommendations to put things right for the individual, as well as recommendations to improve services for everyone.
"The resident's fee was not increased for four years... "
An AFN is published in the very rare cases where the ombudsman is not satisfied an independent care provider has carried out its recommendations.
The ombudsman is sharing its findings with the Care Quality Commission, the regulator for health and social care. It is also informing councils in the area, which may consider commissioning care services, of the case.
A spokesman for Foxley Lodge Care Ltd, based in Purley, south London, said: "The resident concerned was admitted to Sonia Lodge Care Home on August 15, 2015.
"She was a privately funded resident with a private contract which stipulated an increase of 5% in fees at the beginning of April each year. The fee was not increased for four years.
"In 2019 when the fee was increased for the first time since admission the son was not happy and reported the matter to the ombudsman.
"The resident's needs changed around Sept/Oct 2019 and the manager at Sonia Lodge, after care assessments, decided that the resident's needs would be better met in a nursing home as the resident was bed-bound and required two staff for care at all times.
"The manager carried out an assessment and called for a meeting with other agencies and the son. The manager at Sonia Lodge asked the son to find a nursing home.
"The son was not happy to move his mother to a nursing home where the fee would be much higher.
"He demanded an explanation from the owner why his mother had to move. The son was advised to contact the manager at Sonia Lodge as the meeting took place between the son, other agencies and the manager.
"The son decided to report to the ombudsman again.
"Despite telling the ombudsman that the manager was involved in all decisions and all reports and assessment were sent to the son, the ombudsman decided to rule against the care home."
