Summary: We will not investigate Mrs X’s complaint that the Council made her a permanent resident at a care home against her will. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council told her she had to become a permanent resident at the care home, even though she wishes to return home. She also complains the Council has told her that her house needs a deep clean when it is only slightly untidy and, therefore, the Council should pay for it.
2. Mrs X says that this has caused her distress and she wants to return to being a temporary resident at the care home until her home is ready for her to move back.

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The Ombudsman’s role and powers

3. We investigate 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X entered a care home over five years ago as a temporary resident. A temporary resident is someone who is unlikely to stay in a care home for more than 52 weeks. Because a temporary resident is expected to return to their home, the Council cannot take their main property into account when deciding what they can afford to pay for their placement. If someone is a permanent resident, the Council can take the value of their property into account when determining their financial contributions. Therefore, the contributions paid by a permanent resident are often significantly higher.
7. From the end of 2021, Mrs X has said her long-term goal was to return home. As part of that process, the Council unsuccessfully tried to organise an occupational therapy assessment and to determine Mrs X’s rehabilitation needs. During this period, the Council repeatedly told Mrs X she could not remain as a temporary resident at the care home any longer. On three occasions it gave her a date by which it would begin to charge her as a permanent resident if she did not return home. It stressed this would not mean that she had to stay in the care home, but it did mean she would have to pay increased financial contributions whilst she remained there.
8. Mrs X remained at the care home as a temporary resident. Finally in January 2024, the Council wrote again to Mrs X and said it now considered her permanent. It asked her to take part in a financial assessment. Mrs X refused and so the Council said she was now eligible for the full costs of her care.
9. The Council considers Mrs X’s house needs a deep clean. Mrs X says it is simply untidy and so the Council should pay for the clean. The Council has refused. Mrs X also says some building work is required and she should be allowed to remain at the care home as a temporary resident whilst it is completed.
10. The Council allowed Mrs X to remain as a temporary resident for a significant period of time. There is no evidence of fault in its decision-making to now make her permanent and to charge her accordingly. The Council also has no duty to pay to clean Mrs X’s house. Therefore, we will not investigate Mrs X’s complaint.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman