Statement Upheld Charging 15-Jun-2021
Summary: Mr X complained the Council has incorrectly charged his mother, Mrs M, for the full amount of her residential care. The Council was at fault when it delayed sending Mr X the financial assessment forms to complete and delayed in transferring Mrs M's Care Home fees from the NHS to itself once her Continuing Health Care award ceased. It has already apologised to Mr X, which is sufficient to remedy any injustice he experienced, and taken appropriate steps to prevent the fault occurring again. There was no fault in the way the Council decided to class Mrs M as a self-funder and seek to recover her outstanding Care Home fees from Mr X, who has power of attorney for her.
Statement Not upheld Charging 11-Jun-2021
Summary: Mr X complained the Council has incorrectly calculated the final redemption figure for his late mother's care contribution. Mr X also complained that he received incorrect calculations of charges regularly from the care home during his mother's time there. Mr X says the Council did not provide charges in a clear and plain manner and disputes the final balance. The Ombudsman does not find fault with the final balance or clarity of the invoices.
Statement Upheld Charging 10-Jun-2021
Summary: We upheld one of Mrs X's complaints. The Council identified her late father Mr Y needed support to complete a financial assessment form, but it failed to provide that support. This caused Mrs X avoidable distress and time and trouble because she had to deal with the matter shortly after Mr Y died. The Council will apologise and reduce the outstanding debt by £100 to remedy the injustice.
Statement Upheld Charging 08-Jun-2021
Summary: Mrs X complained the Council failed to advise her that COVID-19 NHS funding for her mother, Mrs Y's care had ended, or that it had completed an assessment of her needs. The Council was at fault as it did not share a copy of the assessment with Mrs X and delayed telling her the funding had ended. This meant Mrs Y avoidably incurred care home fees. If the Council had given clear, timely information she would have moved in with Mrs X sooner. The Council has agreed to apologise to Mrs X and to refund some of the care fees to Mrs Y.
Statement Upheld Charging 08-Jun-2021
Summary: Mrs X complained about the way the Council handled the care costs for her mother after she moved into a care home in March 2017. The Council was at fault for not taking action sooner when the outstanding care costs were building up. It has suggested a solution to the outstanding costs issue and should review its processes to prevent recurrence of the fault.
Statement Upheld Charging 03-Jun-2021
Summary: The Ombudsman finds fault with the Council for not adequately explaining an assessed contribution towards the costs of a care home placement and for giving wrong calculations of the outstanding amount. This caused the complainant significant distress and confusion. The Ombudsman also finds fault with the Council for poor complaint handling. The Council has agreed to set up a payment plan for the amount agreed in its final decision and pay a financial remedy to the complainant in recognition of the distress caused.
Statement Upheld Charging 01-Jun-2021
Summary: Mr C complained about the way the Council advised and supported him with regards to paying for his mother's care home fees. The Council has agreed to repay part of the fees and pay Mr C £250 for the distress he experienced.
Statement Not upheld Charging 28-May-2021
Summary: Mrs X complained about how the Council decided her neighbour had deprived herself of assets. She said this meant her neighbour unnecessarily paid for her care fees. We have discontinued this complaint as we have insufficient information to proceed.
Statement Upheld Charging 25-May-2021
Summary: Mr X complains the Council has failed to deal properly with the charges for his mother's (Mrs Y's) care home, resulting in her paying so much she cannot afford to repay a debt to her family. The Council did not have to take account of the debt to Mrs Y's family when assessing her ability to pay for her care. However, the Council was wrong to charge Mrs Y for a permanent placement between 17 June and 7 July 2019, as her placement did not become permanent until 8 July. The Council needs to waive the additional charges for this time.
Statement Upheld Charging 24-May-2021
Summary: Mrs X complained about the Council's delay in completing a financial assessment for her mother's residential care and about the ensuing confusion about how much has been paid and how much is still owed. The Council failed to follow the Care Act statutory guidance which says the Council should pay the contract in full to the home. The Council delayed in completing the financial assessment and never provided details of payments required for the full period Mrs X's mother was in the care home.