However, this super-complaint submitted to the OFT by Which? in December 2003 put forward evidence to indicate that the market was not functioning in the best manner possible. This market failure ranged from the market power of local authorities, the NHS and local care homes through to fundamental issues of consumer redress, contracting and information. This report asked the OFT to use it powers to both investigate the care home market and assess the role of the regulatory bodies involved in the care home market.
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