Summary: We will not investigate Mr X’s complaint about the Council not properly considering his parents’ care and support needs. This is because there is insufficient evidence of fault and we could not add to the previous investigation by the Council.

The complaint

1. Mr X complained the Council did not properly consider his parents’ care and support needs in relation to identifying a suitable care home placement for them. He said it caused him and his family distress and frustration. He wants the Council to provide his parents with a care home which is suitable for their care and support needs.

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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, or
• we could not add to any previous investigation by the organisation.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s parents have care and support needs and currently have a domiciliary care package in place which the Council commissions. Mr X’s parents pay a contribution towards their care package.
6. Following a review of Mr X’s parents’ care and support needs, the Council determined his parents had an identified need for a care home placement. It found two prospective care homes for Mr X’s parents.
7. Mr X complained to the Council. He said the Council:
• did not have a proper understanding of his parents’ care and support needs as both care homes it had found were unsuitable for them;
• had not considered professional input from specialist clinicians in relation to the care and support his parents required; and
• had not considered in its calculated personal budget for his parents specialist therapy and social activities they required.
8. Mr X said he had found a placement suited to both his parents and wanted the Council to agree to the placement.
9. The Council responded to Mr X and said:
• Mr X and his family wanted a placement with a specific criteria that suited both of his parents’ different care and support needs. The Council said it was difficult to find a placement as it had limited options available within the area;
• it would arrange a meeting with Mr X to discuss any further concerns in relation to the Council not having a thorough understanding of his parents’ care and support needs;
• it had liaised with various specialist clinicians in relation to the care and support Mr X’s parents required;
• its calculated budget was for a placement. Any specialist therapies were not under the Council’s remit and social activities were arranged by the care providers; and
• Mr X’s preferred choice of placement was beyond its funding limit. The Council said it could consider Mr X’s choice with a third party top-up payment.
10. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault to warrant an investigation. I recognise Mr X considers the placements are not suitable however, the Council explained to Mr X it was limited with placements within the area. Furthermore, in response to Mr X’s preferred choice of placement, the Council said it would consider this with a third party top-up payment. This was appropriate.
11. Mr X said the Council did not properly consider his parents’ care and support needs. The Council explained to Mr X it had considered input from other professionals and arranged a meeting to discuss any further concerns which was appropriate and what we would expect the Council to do. We could not add anything more to the Council’s response with a further investigation.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and we could not add to the previous investigation by the Council.

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Investigator's decision on behalf of the Ombudsman