Summary: We will not investigate this complaint the Council charged Mrs X for her care while it did a financial assessment. This is because there is insufficient evidence of fault.

The complaint

1. Mrs Y complains the Council have asked her mother Mrs X to pay for care she received for six weeks while it did a financial assessment. Mrs Y says that the Council told her this would be free.

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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 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

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

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My assessment

5. In July 2024 Mrs Y told the Council she was concerned that although Mrs X had been funding her own care her funds were running low. The Council spoke to Mrs Y about doing a financial assessment. The Council agreed to pay the care home for six weeks while it did the assessment so Mrs X did not risk losing her place.
6. Mrs X went into a care home in August 2024 and paid the care home fees for August.
7. In August the Council wrote to Mrs Y and said it had assessed Mrs X as a self- funder and she would need to pay for all her care. The letter outlined the appeal process open to Mrs Y if she disagreed with the decision.
8. In January 2025 Mrs Y complained to the Council that they were told they would not have to pay the Council back for the six weeks of care it had arranged.
9. I will not investigate Mrs Y’s complaint. This is because there is insufficient evidence of fault. I have seen no evidence that Mrs Y was told they would not have to pay for the six weeks of care while the Council did the assessment. To the contrary, in July the Council sent Mrs Y their ‘guide to residential and nursing home care charges.’ This sets out the arrangements for paying for care and says “When we have worked out how much you need to pay, we will send invoices to you or the person who helps you with finances. The first bill may be a large one as it will be backdated to the date you moved into residential care.”

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Final decision

10. We will not investigate Mrs Y’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman