Summary: We will not investigate this complaint about the Council’s failure to implement a policy warning past, current and potential customers of its high fees. This is because the Council has explained the actions it has taken to advise customers of the costs and we are satisfied this is an appropriate proportionate response. We could achieve no more.

The complaint

1. Mr B complained about the high cost of beds booked by the Council. Mr B says the cost of a blocked bed is almost double the cost of other private care homes in the area and is concerned the cost is passed onto private residents. In this case when his late father, Mr C, became a self- funding client, he had to move to a different home causing him and his family upset and distress. Mr B says other people have been affected by this and have lost money. Mr B complained and the Council agreed the following:

• Pay Mr C £976 the difference in cost for three weeks between his commissioned placement and his new care provider.
• To write a clear policy for staff to follow when placements are offered on a block contract and include making sure the person and family are aware of the weekly cost and what it will mean if the person becomes a self-funder.
• To look at the history of the block contracts and the contract itself.

2. Mr B says the Council is not writing a policy as it said it would and is concerned the additional changes to letters it has proposed is not enough to protect those who have lost money or incurred charges. Mr B wants the Council to write a policy.

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council says it has amended its letters to include:

This care home placement may have been sourced on your behalf by [The Council]and would take into account a number of factors, including market availability at the time of the start of your placement, the location you have requested and your choice of home. This home may not represent the cheapest option available to you if you are a self-funding individual or found to be self-funding at some time in the future. You or your representative may wish to consider more cost-effective options to meet your care needs and [The Council] cannot be held liable for any differences in those costs.

7. Mr B is concerned others may have been affected and incurred expenses. However, Mr B does not have consent or standing to complain on behalf of other people. While Mr B wants the Council to write a policy we cannot order it to. In this case it is unnecessary because the Council has advised it has amended its letters to include the above and we are satisfied the Council’s actions are appropriate and proportionate.

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Final decision

8. We will not investigate Mr B’s complaint because it would achieve more than the Council has already done and we are satisfied with its actions.

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Investigator's decision on behalf of the Ombudsman