Summary: We will not investigate this complaint about aftercare funding for the late Mrs X. This is because as we are satisfied with the actions the Council proposes to take.

The complaint

1. Miss X complained on behalf of her late mother, Mrs X. She said the Council should not have charged her late mother for care fees as she had been granted Section 117 aftercare funding.
2. Miss X said the family was treated poorly when they were at their most vulnerable. She also said they have accrued legal fees because of the Council’s mistake.
3. She would like the late Mrs X’s estate to be reimbursed and for the Council to be held accountable.

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The Ombudsman’s role and powers

4. 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. The complainant had an opportunity to comment on my draft decision. I have considered their comments before making a final decision.

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My assessment

8. In December 2020, Mrs X was granted Section 117 aftercare funding and moved into a care home. The Council said it would transfer the funding in two weeks’ time due to paperwork and the Christmas break. Mrs X’s family paid the care fees with the expectation they would be reimbursed in due course.
9. Mrs X was admitted to hospital in early January and stayed there until she sadly passed away at the end of the month.
10. In early February, the Council transferred funding for the period Mrs X was in the care home but not for when she was in hospital.
11. Over the coming months, the family contacted the Council. The Council disagreed that it should pay for the period of time Mrs X was in hospital. Miss X hired a solicitor to act on her behalf.
12. The Council accepted the family should not have paid for Mrs X’s care fees. It agreed to reimburse the outstanding fees amounting to £3,000, plus interest. This totalled £3,060. It said that Miss X could have used the Council’s statutory complaints process and the Local Government and Social Care Ombudsman at no cost. It would therefore not reimburse her for the legal fees accrued.
13. I am satisfied the Council has admitted fault, apologised and has agreed to pay Mrs X’s estate the outstanding fees. It is unlikely that an investigation would reach a different outcome.
14. We are unlikely to recommend the reimbursement of legal fees accrued by the complainant. This is because the Council’s complaint process and the Ombudsman service is free of charge.
15. I acknowledge that Miss X said the Council did not accept fault until her solicitor became involved. However, Miss X did not use the complaint’s process which could have reached the same outcome.
16. Miss X argued the Council did not refer her to the complaint’s procedures. I do not accept this as a reason as to why Miss X did not use the free service. Her solicitor could have mentioned this alternative route when he was first approached.
17. I have seen no exceptional circumstances that would lead us to recommend the Council to reimburse Miss X’s legal fees. We will not investigate this unresolved aspect of the complaint.

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Final decision

18. We will not investigate this complaint. This is because we are satisfied with the Council’s proposed actions.

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Investigator's decision on behalf of the Ombudsman