Summary: We will not investigate Mrs D’s complaint about the Council charging the late Mrs C for care. This is because further investigation could not add to the Council’s response or make a different finding of the kind Mrs D wants.

The complaint

1. Mrs D complained her late mother, Mrs C, was charged for care she did not know she would have to pay for and could not afford to pay. Mrs D says she was told Mrs C would not have to pay for her care and was given incorrect and misleading information. Mrs D says the Council should cancel Mrs C’s care fee debt of £12,316.23 because she did not receive invoices or know there was anything to pay.

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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 investigated Mrs D’s complaint. It said initially Mrs C’s placement was funded by Covid 19 health funding. In October 2020 Mrs D was advised health funding would cease. The Council acknowledged there may have been confusion about Funded Nursing Care which is a payment from the NHS to Care Providers to support a person’s health care needs. However, the Council says Mrs D was sent appropriate information and forms about paying for care, which she had received as she had emailed the Council to say she was having difficulty completing the form online.
6. The Council apologised that Mrs C’s placement was never made permanent. It says because Mrs C was classed as a temporary resident it will amend the invoices to exclude Mrs C’s property from the financial assessment and her contribution will be based on her income and savings. It apologised for the upset the large invoices caused Mrs D and withdrew them.
7. The Council says once it has received the relevant documentation from Mrs D regarding Mrs C’s finances it will recalculate the invoices. The Council apologised for the delay in reviewing Mrs C’s care and being unable to support her plan to return home. It advised Mrs D this is being addressed and measures put in place to avoid problems for other families in the future.
8. We could not add to this even if we investigated. We could not say Mrs C would have returned home or say she should not have to contribute anything towards her care home placement. Mrs D should ensure the Council has all the relevant financial documentation so it can assess and determine whether Mrs C had enough income to contribute towards her placement. Alternatively if as Mrs C’s Executor, Mrs D believes Mrs C is not liable for any costs, refuse to pay and defend any court action the Council may take to recover the debt.

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Final decision

9. We will not investigate Mrs D’s complaint because we could not add to the Council’s response or make a different finding.

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Investigator's decision on behalf of the Ombudsman