Summary: We will not investigate Mr X’s complaint on behalf of his relative, Mr Y, that the Council followed the incorrect process when it required Mr Y to pay top up fees for his residential care. This is because parts of this complaint relate to events which took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now. In addition, we would be unlikely to find fault with the Council’s actions regarding the events which are within time.

The complaint

1. Mr X complained on his relative Mr Y’s behalf that the Council failed to properly advise Mr Y when he placed a relative into residential care. Mr X said this resulted in Mr Y paying top up fees he did not have to.
2. Mr X said Mr Y has suffered significant financial loss due to the Council’s actions.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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 or may decide not to continue with 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. In 2015 Mr Y placed a relative he was caring for into residential care and applied to the Council for funding. The Council carried out a financial assessment and provided Mr Y with a financial agreement confirming his relative’s personal budget and the top up fees needed to cover the costs of providing the care. Mr Y signed the agreement and paid the top up fees until 2023, when his relative died.
9. In 2023, Mr X complained to the Council because he said Mr Y was unaware that he did not have to pay the top up fees. The Council explained it agreed a budget with Mr Y and Mr Y agreed to it. The Council also confirmed that Mr Y approved the care his relative was receiving at each annual review and there was no evidence Mr Y was forced to pay the fees.
10. Mr X wants us to find the Council at fault for failing to properly advise Mr Y of other options for paying for his relative’s care. We will not usually exercise discretion to investigate matters which took place more than 12 months ago, unless there are good reasons to do so. Mr Y has been aware of the events complained about since 2015, so we are satisfied it would have been reasonable for him to bring this matter to us much earlier.
11. Regarding the matters which are within time; the Council has provided a signed financial agreement and care assessment showing Mr Y was aware of the care his relative needed and the personal budget. There is no evidence the Council pressured or forced Mr Y to make the top up payments. An investigation into this matter would therefore unlikely result in a finding of fault.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because parts of this complaint relate to events which took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now. In addition, we would be unlikely to find fault with the Council’s actions regarding the events which are within time.

Back to top

Investigator's decision on behalf of the Ombudsman