Summary: We will not investigate Ms X’s complaint about the Council’s refusal to fund Extra Care Housing in another council area. This is because there is not sufficient evidence of fault by the Council in making this decision.

The complaint

1. Ms X would like to move to a new area. She complained the Council would not pay for her care fees in the new area. Ms X said this decision prevented her from moving.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. Ms X applied to move to Extra Care Housing in a different county. The Council in that area said the Council where she currently lived would have to fund the care and support costs in the Extra Care Housing. Ms X approached her existing Council for support.
7. In the Councils complaint response, it confirmed it completed an assessment under the Care Act 2014. The assessment concluded Ms X had eligible care and support needs but did not need specialist care or accommodation. The Council refused to fund support in the out of area Extra Care Housing. It said Ms X would be making an informed decision to move to another county, which would be a voluntary move. It made that decision in line with the Care Act statutory guidance.
8. I will not investigate Ms X’s complaint. The Council considered the relevant information before making its decision. There is not sufficient evidence of fault in how the Council made its decision, so we cannot question the outcome.

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Final decision

9. We will not investigate Ms X’s complaint because there is not sufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman