City of York Council (22 014 342)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 03 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council not supporting Mr X’s aunt with the cost of her care home. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

  1. Mr X complains the Council failed to support his aunt with the cost of her care home. He says his aunt was discharged from hospital into the care home as an occupational therapist was not satisfied his aunt’s house was suitable for her to receive care at home.

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The Ombudsman’s role and powers

  1. 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))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X’s aunt, Ms A, was in hospital. Prior to Ms A’s discharge from hospital, the hospital completed a trusted assessment form.
  2. The trusted assessment form outlined Ms A’s current care needs. The assessment form did not note Ms A required care in a care home.
  3. The assessment form also detailed the outcome of an occupational therapy (OT) visit to her property. It noted that some adjustments were required to make environment suitable for return, such as the gas heater needed to be fixed. However, there was no record the OT had determined Ms A’s property was not suitable for her to return to and receive care at home. Additionally, the records note Ms A’s family had decided to look for private respite.
  4. An investigation is not justified as there is insufficient evidence of fault. This is because there is no evidence Ms A was assessed as needing care in a care home, or that her home was not suitable for her to receive care at home. Therefore, the evidence does suggest the decision to go into a care home was privately made and arranged.

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Final decision

  1. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman

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