Summary: We will not investigate this complaint that the Council did not tell the complainant there would be a charge for her late mother’s stay in a care home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council did not tell her there would be a charge for her late mother’s care in a care home. Ms X wants the Council to remove the charge.

Back to top

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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

Back to top

My assessment

4. Ms X’s late mother stayed in a care home from 6 August to 9 September. The Council did a financial assessment using income details provided by Ms X. The Council sent a letter on 25 August saying the charge was £158 a week.
5. The Council sent Ms X an invoice for £544 which Ms X paid. Ms X has not paid the second invoice of £249. On receipt of the invoices Ms X complained that the Council had not told her there would be a charge. Ms X said she had been led to believe her mother would receive free respite care and that her mother would return home after about six weeks. Unfortunately, Ms X’s mother died in the care home and did not return to her own home.
6. The Council explained that all residential placements are chargeable and Ms X had been told there would be a financial assessment to determine the charge.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have seen some of the notes from July which state an officer told Ms X there would be a financial assessment to work out how much her mother would have to pay. The Council asked Ms X to provide details of her mother’s income so the finance team could assess her contribution. In addition, the Council issued a letter in August giving details of the charge. And, even though it was hoped her mother would go home, this does not mean the stay would be free. There is nothing to suggest fault by the Council and nothing to suggest Ms X was led to believe the care would be free.

Back to top

Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman