Summary: The representative of the late Mr X complains the Council charged Mr X for care when he was discharged from hospital. The Ombudsman finds the Council was not at fault in how it told Mr X about his charges for care.

The complaint

1. The representative of the late Mr X complains the Council charged Mr X for care when he was discharged from hospital. Mr X’s representative said nurses told Mr X and his family the care would be free for six weeks after he left hospital. As a result Mr X incurred higher care bills than he expected.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered:
• The complaint made by Mr X.
• The information provided by the Council in response to my enquiries.
• The Care Act 2014.
• I sent a draft of this decision to Mr X’s representative and the Council for comments.

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What I found

5. Councils have discretion to choose whether to charge for non-residential care services.
6. Where a council decides to charge for care, it must carry out a financial assessment of what a person can afford to pay.
7. A council must not charge for certain types of care and support. This includes intermediate care, including re-ablement, which it must provide free of charge for up to six weeks.

What happened

8. In early April 2018, Mr X went into hospital. The hospital discharged Mr X on 10 April 2018, however it did not arrange a care package for him. Mr X’s wife, Mrs X could not care for him as she was recovering from an operation.
9. On 11 April 2018 the hospital completed a referral to the Council for long term care for Mr X. A social worker at the Council contacted Mrs X to arrange a needs assessment for Mr X. The Council could not complete the needs assessment until 19 April 2018 so it put in place an emergency care package pending the needs assessment.
10. On 19 April 2019 the Council completed a needs assessment for Mr X. On the same day it wrote to Mr X to tell him he was receiving a chargeable service and to arrange a financial assessment so it could assess what he had to pay.
11. The Council completed its financial assessment on 4 May 2018 and wrote to Mr X to tell him his weekly contribution for his care.
12. At the end of May 2018, Mrs X telephoned the Council as Mr X received an invoice for his care. Mrs X said she thought the first six weeks of care after discharge from hospital were free.
13. The Council confirmed the care was chargeable. It checked the hospital notes and although hospital staff told Mr X he could receive six weeks free care, the Council advised this was incorrect information provided by the hospital. The Council also said when it assessed Mr X, his condition was long term so he was not eligible for six weeks free care. Further, there was no evidence the Intermediate Care Plus Service assessed Mr X. This is for short-term rehabilitation support following discharge from hospital.
14. Mrs X put in a formal complaint as the Council did not provide Mr X with free care for six weeks following his discharge from hospital. Mrs X also complained about Mr X’s discharge from hospital. The Council agreed to get a response from the hospital about Mr X’s discharge and provide a response to both issues.
15. In late September 2018, the Council responded to the complaint. The hospital apologised for the way it discharged Mr X without ensuring a care package was in place. The Council said it wrote to Mr X on two occasions to tell him he was receiving a chargeable service. The Council acknowledged hospital staff can sometimes incorrectly tell people they are entitled to free care.
16. Mr X subsequently passed away. An advice agency contacted the Council to ask for further explanation of its decision. The Council re-issued Mrs X a copy of the complaint response.

Analysis

17. Mrs X says the Council charged Mr X for care upon his discharge from hospital and the nurses at the hospital told her this care should be free.
18. The Council received a referral from the hospital for a long term care package for Mr X, not reablement care which is normally free for up to six weeks. The Council carried out an assessment of Mr X’s care needs and wrote to him on the same day to advise he was receiving a chargeable service. The Council then carried out a financial assessment and told Mr X how much he would have to pay towards his care.
19. I have not found fault as the evidence I have seen satisfies me the Council did properly advise Mr X he was receiving a chargeable service and would be liable to pay care charges.
20. I understand Mr and Mrs X were advised incorrectly by the hospital staff that Mr X could have free care for six weeks; however, I cannot see evidence the Council told him he was eligible for free care.
21. While I accept there was a delay in the Council responding to the complaint, I do not think this amounts to a finding of fault. This is because the delay was caused by the hospital providing its response to the Council about how Mr X was discharged. The Council kept Mr X updated during the delay.

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Final decision

22. I have completed my investigation on the basis there was no fault by the Council in how it dealt with the late Mr X’s care charges.

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Investigator's decision on behalf of the Ombudsman