A care home has been issued with a critical notice by the Ombudsman following a complaint about its after-death fees.

The Adverse Findings Notice was issued to Wayside Nursing Home in Bromsgrove, Worcestershire, which is run by Wayside Care Ltd.

The critical notice followed a complaint by a family that they had been charged for 28 days’ care after their father had died in contravention of a three-day limit set by the Competition and Markets Authority (CMA).

After an investigation, the care provider agreed to refund the extra days charged and to review its contract to ensure it was in line with CMA guidance, however, it failed to provide evidence that it had done so.

Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said: “It is simply not good enough for providers to agree to comply with our recommendations and then fail to produce evidence they have done so. We check to confirm compliance when we find fault.

“I am particularly disappointed that this care provider agreed to refund this family but has then said it will seek to recoup this cost by enforcing late fees it had previously waived.

“I am concerned this provider’s contemptible attitude, both to my office and the family, does not demonstrate a mature and customer-focused approach to improving its services for residents.”

Wayside Care Ltd declined to comment.