Summary: We will not investigate Mr B’s complaint about the Council charging his late father, Mr C for his care. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation. Further investigation could not add to the Council’s responses or make a different finding of the kind Mr B wants.

The complaint

1. Mr B complained his late father, Mr C, was charged for his care during the Covid-19 pandemic when he was told his care would be free of charge for the entire duration of the pandemic. Mr B says he received conflicting information about the charges and says the Council failed to respond to his initial complaint, thereby confusing the situation further. Mr B says the Council should cancel the invoices and waive Mr C’s care charges.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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.

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My assessment

5. The Council advised Mr B in a letter dated 10 November 2020 that the emergency period during which the Government had agreed the NHS would fund care had come to an end. It said from 6 November 2020 Mr C was required to contribute £105.29 a week towards his care package.
6. Following receipt of the letter Mr B contacted the Council as he had received Mr C’s Financial Assessment dated 1 October 2020 stating the full cost of care for the duration of the pandemic would be met by the NHS. Mr B says he received a conflicting letter stating funding had ended on 10 January 2020. Mr B says he did not receive a response to his complaint.
7. The Council says Mr B had received consistent information and had been advised NHS funding would cease on 6 November 2020. The Council says Mr B disputed this and said he was going to raise his concerns with his local MP. The Council says it received a formal complaint from Mr B in July 2021. It acknowledged wording in the initial letter dated 1 October 2020 stating funding would remain in place for the ‘duration of the pandemic’ or ‘until the return of normal arrangements’ may have caused confusion, however, it explained it was the Government who decided this. The later letter dated 10 November clearly stated the emergency period during which the Government agreed the NHS should fund care had ended. The Council apologised Mr B did not receive a response to his concerns regarding the wording in the October letter but has since clarified the point raised.
8. Mr B says the wording in the October letter about free care for the duration of the pandemic meant Mr C’s care should have been NHS funded for the entirety of the pandemic, however, the Council has explained the Government decided when to cease paying for emergency care. Mr B knew in November 2020 Mr C would need to pay his assessed contribution towards his care package from 6 November 2020. There is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation.
9. Mr B says Mr C did not have the funds to pay for his care. The Council has explained Mr B will need to provide the supporting evidence to show Mr C had no funds in his estate and says once received it will consider whether the debt should be written off. We could not add to this or make a different finding even if we investigated.

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Final decision

10. We will not investigate Mr B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation. Further investigation could not add to the Council’s responses or make a different finding of the kind Mr B wants.

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Investigator's decision on behalf of the Ombudsman