Summary: The Council has agreed to pay the top up fee for Mrs X’s residential care home. The Ombudsman has discontinued his investigation because the Council has resolved the complaint.

The complaint

1. Mr and Mrs A complained that the Council should not expect them to pay a top up fee for a care home that Mr A’s mother had moved into. They did not agree that it was their choice that Mrs X moved, and they could not afford the top up fee.

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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. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended).

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How I considered this complaint

4. I have discussed the complaint with the complainant and considered the complaint and the copy correspondence provided by the complainant. I have made enquiries of the Council and considered the comments and documents the Council provided. I have also invited Mr and Mrs A to comment on my draft decision.

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What I found

5. Mr A says the Council arranged to move Mrs X from a care home to another home which had a top up fee of £45 per week. The Council offered to pay £25 of this top up fee, because it said another care home had places available with a top up fee of £25. The Council said it was prepared to pay the £25 top up fee at the alternative home, if Mrs X moved.
6. Mr and Mr A complained they had not agreed to Mrs X’s move and so should not be charged the top up fee. They said that the Council should not expect them to move Mrs X to the alternative care home because of her age and state of health.
7. The Council has now agreed after taking into account all the circumstances, to pay the full £45 per week top up fee. Mr and Mrs A agree this resolves the complaint.

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Final decision

8. I have discontinued my investigation because the Council has offered a resolution for the complaint which Mr and Mrs A have accepted.

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Investigator's decision on behalf of the Ombudsman