Summary: The Council has provided satisfactory evidence why it delayed in notifying the housing provider that the late Mr A would not return to his tenancy.

The complaint

1. Mrs X (the complainant) say the Council failed to notify her late father’s housing provider that he would not return to his property, and so he incurred unnecessary additional costs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

Relevant law and guidance

6. The Mental Capacity Act 2005 is the framework for acting and deciding for people who lack the mental capacity to make particular decisions for themselves. The Act (and the Code of Practice 2007) describes the steps a person should take when dealing with someone who may lack capacity to make decisions for themselves.
7. The Mental Capacity Act 2005 introduced the “Lasting Power of Attorney (LPA)”. This replaced the Enduring Power of Attorney (EPA). An LPA is a legal document, which allows a person (‘the donor’) to choose one or more persons to make decisions for them, when they become unable to do so themselves. If there is a need for continuing decision-making powers and there is no relevant EPA or LPA, the Court of Protection may appoint a deputy to make decisions for a person. It will also say what decisions the deputy has the authority to make on the person’s behalf.
8. The Mental Health Act 1983 sets out when a person can by law be admitted, detained and treated in hospital against their wishes. A person can be detained under section 3 of the Act for treatment and kept in hospital for up to six months.

What happened

9. Mr A lived alone in a property rented from a housing provider. He had been known to the Council’s adult social care team for some time.
10. Mr A was admitted to hospital in July 2024. From there he was moved on 8 August to a temporary placement in a care home until 4 September. He had dementia and at that time also had some psychiatric ill health. The Council’s files show an assessment of his needs on 11 September and the outcome was “For (Mr A) to remain at (the care home) where his needs are being met.” The Council points out that a formal six-week review did not take place at that time. It says, “The entry on our system was an assessment of needs, which included recommendations regarding anticipated living arrangements. This was not a confirmation of permanent placement but rather a recommendation based on the information available at that point.”
11. Mrs X is Mr A’s daughter but had been estranged from her father for some time. She does not live locally to him but travelled to take him to hospital in July when he was reported missing and then would not co-operate with police. She visited his property again at the end of July to secure any valuables and locate paperwork. She says she was assured by the social work team that they would notify the housing provider about Mr A’s circumstances.
12. No-one had power of attorney for Mr A. Mrs X says the social work team has been aware since March 2024 that she declined to seek deputyship for her father’s affairs.
13. Although Mr A was in a care home placement from August 2024, he had to be readmitted to hospital under section 2 and subsequently section 3 of the Mental Health Act.
14. In November Mrs X contacted the social worker about her father, who she had visited in hospital. The social worker recorded in her note, “I explained …that we normally end tenancy of accommodation after a review however as her father is unlikely to return to the property at all I will write to (the housing provider) to let them know that he is unlikely to keep his tenancy”. She also told Mrs X the deputyship team were involved and would assist with contacting utility companies.
15. The Council’s files show the social worker notified the housing provider on 26 November that Mr A would not be returning to his property.

The complaint

16. Mrs X complained to the Council in January 2025. She complained about the delay in informing the housing provider about her father’s tenancy ending. She complained about the delay in the Council obtaining deputyship. She also complained that despite having the keys to his property, no-one from the social care team had taken her father any of his clothes or possessions and he was still wearing the few clothes she had taken into hospital for him in July.
17. A team manager spoke to Mrs X by phone and then replied to her complaint in writing. She said “The delay in notifying housing was due to your father’s hospital admissions so a review of his original placement was not undertaken which is when housing is normally contacted to say a placement is permanent, as we need to ensure that a person is not returning home.” She said the normal expectation was for family to take personal items to the care home for a resident.
18. In respect of the deputyship, the team manager said “An application for deputyship was initiated in June 2024 and we do not have control over how long this will take. As this application was made through the council, a solicitor is not involved therefore we do not have a named solicitor. However, be rest assured that all your father‘s costs for care in a nursing home, including personal allowance for grooming, are being met.”
19. Mrs X remained unhappy and complained to us. She said it was not reasonable for the social worker to say it was not the Council’s responsibility to tell the housing provider the tenancy was ending, when the housing provider refused to talk to her about the tenancy because she did not have LPA.
20. The Council says, “The standard process is for placements to be reviewed within six weeks before confirming them as permanent. This review period allows for the possibility that the individual may return home during that time. However, the six-week review did not take place due to (Mr A) being admitted to hospital. Regarding the tenancy termination, it is not the responsibility of the social care team to manage tenancy terminations”.
21. The Council adds, “Proceeding with tenancy termination before Mr A’s health stabilised could have risked making him unintentionally homeless, should his condition have improved and a return home become possible…for this reason, we did not notify the housing provider until it was clear that Mr A would not return.”

Analysis

22. I am satisfied by the Council’s explanation that the assessment document on its files was not and could not be a formal confirmation of placement while Mr A remained in hospital

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Decision

23. I have completed this investigation on the basis that I do not find fault causing injustice to Mrs X.

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Investigator's decision on behalf of the Ombudsman