Luton Borough Council (23 002 308)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 20 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a discharge assessment and of the Council charging Mr X for his nursing home placement. This is because there is insufficient evidence of fault.
The complaint
- Mr X complains about a discharge assessment and says the Council did not listen to his reasons for why he was not ‘medically fit’. He also complains the Council is charging him for his care placement even though it was the Council who placed him.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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:
- there is not enough evidence of fault to justify investigating, or
- there is another body better placed to consider this complaint,
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In March 2023, Mr X was discharged from hospital into a nursing home. The decision to discharge Mr X would have been made by the hospital clinical staff. Therefore, any complaint about the discharge assessment is for the NHS. It is open to Mr X to raise a complaint with the relevant NHS trust.
- With regards to Mr X being charged for the nursing home placement, the Council told Mr X that from March 2023 to April 2023, the placement was free as it was funded under the NHS. From April 2023, the placement was chargeable. The Council said it told Mr X this.
- An investigation is not justified as there is insufficient evidence of fault. This is because the Council did provide information to Mr X to make him aware his placement at the nursing home would be charged from April 2023. The Council’s decision to charge is also in line with legislation and statutory guidance.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman