Summary: We will not investigate this complaint about the Council moving Ms Y to a new care home or overpayment of fees. This is because there is insufficient evidence of fault by the Council to justify our involvement.

The complaint

1. Mr X complains the Council moved his mother, Ms Y, to a new care home at short notice causing Ms Y to overpay care fees.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. The Council contacted Mr X to explain his mother’s care home was closing and it needed to move Ms Y to a new care home.
7. Mr X asked the Council not to move his mother until they had resolved Ms Y’s finances as Ms Y had paid her care fees in advance. The Council explained it could not delay and insisted it move Ms Y urgently. Due to safeguarding concerns, immediate action was needed. The Council said the lack of staff at the old care home meant Ms Y and other residents were at risk.
8. The Council acted in the best interests of Ms Y. There is insufficient evidence of fault by the Council to warrant an investigation.

Overpayment of care fees

9. The Council moved Ms Y to a new care home where she paid care fees. As Ms Y had already paid care fees at the original home, she overpaid. Mr X would like the Council to refund the overpayment in fees.
10. The Council explained as Ms Y funds her own care, the contract is between her and the care home. The Council has no role to challenge the care home and request they refund the fees. Therefore, there is insufficient evidence of fault by the Council to warrant an investigation.

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Final decision

11. We will not investigate this complaint. This is because there is insufficient fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman