Summary: We will not investigate this complaint about in home care quality and charges. The Council have offered a suitable remedy.

The complaint

1. Mr X complains the Council failed to provide his sister, Mrs Y’s adequate in-home care and update her care plan as her condition progressed. Mr X also complains the Council failed to properly communicate Mrs Y’s care charges.

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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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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. Mr X’s sister, Mrs Y has dementia. In January 2023 the Council carried out a care and needs assessment for Mrs Y. The Council then arranged for carers to attend Mrs Y’s home. Mr X found the care provided was poor and Mrs Y’s needs were not properly reviewed.
7. Mr X complains the Council failed to identify progression of Mrs Y’s dementia and did not carry out any meaningful reviews of Mrs Y’s care needs. Mr X says this lack of support contributed to Mrs Y’s distress and disorientation.
8. The Council have accepted there were failings in the care provided to Mrs Y. The Council apologised and have waved 50% of the care fees for this time. We could not add to the previous investigation by the Council.
9. In December 2023 the Council arranged an alternative care provider for Mrs Y.
10. In May 2024 Mrs Y was sent an invoice for care followed by recovery letters. Mr X complains the Council were aware Mrs Y lacked capacity and should have been sending correspondence to him instead. He says this caused significant distress to Mrs Y.
11. The Council accept misleading information was provided prior to June 2023. The Council have apologised and waved the fees from before June 2023. The Council also accepts Mr X was not provided with adequate information about the care costs. The Council have apologised and issued Mr X a revised breakdown of the costs reflecting the waved fees prior to June 2023, and the 50% reduction in fees from June 2023 to December 2023. I am satisfied this provides a suitable remedy for the injustice caused.

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Final decision

12. We will not investigate Mr X’s complaint. The Council have offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman