Summary: We will not investigate this complaint about lack of consistency and funding for care home placements. This is because it is unlikely we would find enough evidence of fault with the Council’s actions to warrant an ombudsman investigation.

The complaint

1. Mrs C complained on behalf of her mother Mrs D. Mrs C says the delay in moving Mrs D out of hospital having been served eviction notices caused her stress and resulted in her having a nervous breakdown. Mrs C complains about lack of consistency and equality between Local Authorities when assessing a person’s finances for their personal budget on entering a care home. Mrs C says she knows of other people who are fully funded at the home where she wants Mrs D to live and other councils who pay more per week for care. Mrs C says she was told if she wanted Mrs D to remain in the care home of their choice they would need to pay a top-up amount of £105 a week. Mrs C says the Council has given no thought to the stress and guilt placed on families in this situation.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Chapter 8 of the Care Act 2014 provides councils with guidance about charging for residential care. It provides guidance on charging and Financial Assessments and covers:

• common issues for charging (including the new ‘light touch’ assessments and temporary residents in care);
• charging for care and support in a care home;
• choice of accommodation when arranging care in a residential setting.
• making additional payments for preferred accommodation;
• charging for home care and support in a person’s home;
• charging for support to carers;
• requesting local authority support to meet eligible needs;

6. The guidance explains the upper and lower capital limits for charging. It also explains about carrying out a financial assessment and choice of care homes. It says a person must have a genuine choice of accommodation and ensure at least one accommodation option is available and affordable within a person’s personal budget.

Care and support statutory guidance - GOV.UK (www.gov.uk)

7. We would not be able to make a finding on Mrs D’s breakdown or say it was caused by the actions of the Council. Mrs C says she knows of others who are being fully funded by the Council at a higher rate and says Mrs D should be able to live in her preferred choice of care home without there having to be a top-up in place. The Council says it provided a choice of three care homes within Mrs D’s personal budget all of which meet her care needs. A personal budget is individual to a person’s needs and we cannot comment on other residents. We would be unlikely to find enough evidence of fault with the Council’s actions regarding Mrs D’s personal budget or offer of placements even if we investigated Mrs C’s complaint. If Mrs C has evidence the placements offered would not meet Mrs D’s needs she will need to explain this to the Council who can consider her views further.

Back to top

Final decision

8. We will not investigate Mrs C’s complaint because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

Back to top

Investigator's decision on behalf of the Ombudsman