Summary: We will not investigate this complaint about the Council placing Ms X’s mother in accommodation that does not meet her needs and ignoring her mother’s wishes to go home. This is because an investigation would not lead to any different outcomes or findings.

The complaint

1. Ms X complains the Council has placed her mother in accommodation that does not meet her needs. She also complains the Council has ignored her mother’s wish to go home.

Back to top

The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• investigation would not lead to a different outcome or finding.

(Local Government Act 1974, section 24A(6))

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. In August 2022, Ms X’s mother, Mrs A, was discharged from hospital into a care home. This was on a short-term basis to allow for further assessment of Mrs A’s needs. The Council confirmed that at the point of discharge, it was recommended Mrs A required a nursing care placement.
6. While at the care home, Mrs A retained her assured tenancy for her flat. Her flat was part of a ‘housing with care’ scheme, this meant care was available for residents who needed it. The Council said it approached the care provider for Mrs A’s flat and asked whether Mrs A could return home with an additional package of care in place. The care provider advised it was not possible as Mrs A’s care needs were too great for them to support.
7. The Council has accepted:
• It delayed in completing a care assessment for Mrs A as it did not complete a care assessment until end of October 2022.
• It delayed in holding discussions on the options for meeting Mrs A’s needs once the care assessment was completed.
• It was at fault for not recognising the care provider had no legal right to prevent Mrs A from returning to her flat given she had an assured tenancy. The Council noted it should have pursued the matter further.
8. The Council confirmed it is working with Ms X to explore the possibility of Mrs A returning to her flat. Council has agreed to waive all fees for the care home while it completes a new care assessment and offered a financial remedy of £300 to recognise the distress caused to Mrs A. These remedy offers are in line with the Ombudsman’s guidance on remedies and I am satisfied they are sufficient to remedy the injustice caused by the faults accepted.
9. In response to our final decision statement, the Council confirmed it completed the new care assessment 4 April 2023. Therefore, all residential fees up to that date has been waived for Mrs A.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because an investigation would not lead to any different outcomes or findings.

Back to top

Investigator's decision on behalf of the Ombudsman