Summary: There is no evidence of fault in the information given during the financial assessment process for a residential care placement. There was also no fault when the Council made a referral to the Office of the Public Guardian.

The complaint

1. The complainant, who I shall call Mrs X, complains the Council did not provide a clear outline of the procedure for the financial assessment process, including when it considered if deprivation of assets had occurred when her mother (Mrs Y) moved to residential care.
2. Mrs X also complains the Council made a referral to the Office of the Public Guardian (OPG) without giving enough time for her to respond to an enquiry for information. And, the leaflet on paying for residential care given contained out of date advice.
3. Mrs X says the process was stressful and she incurred legal fees.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I read the papers put in by Mrs X and discussed the complaint with her.
7. I considered the Council’s comments about the complaint and any supporting documents it provided.
8. Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

9. Mrs Y went into hospital under Section 2 of the Mental Health Act 1983 in August 2022. Mrs Y had dementia.
10. On 20 September 2022 the social worker visited and determined that Mrs Y did not have the mental capacity to consent to being accommodated in a care home.
11. The social workers file notes say that Mrs Y did not meet the criteria to fund a residential care placement through S117 aftercare as the section 2 expired on 21 September and Mrs Y was not detained under Section 3 of the Mental Health Act 1983.
12. Mrs Y was discharged to an assessment bed at a residential care home on 28 September 2022. The file notes say the social worker had a phone call with Mrs X where there was a brief discussion about care charges and the social worker emailed her a paying for residential care leaflet. This leaflet was out of date.
13. On 30 September 2022 there is a file note that says ‘the family have been told that Mrs Y will have to fund the majority of care costs due to her finances’.
14. The Council decided that Mrs Y would need a dementia residential care bed on 27 October 2022. This would be self funded as she did not qualify for any local authority or NHS funding. She did not meet the criteria for funded nursing care (FNC).
15. Mrs Y moved to the residential care home in November 2022.

Financial Assessment process

16. Mrs X complains the Council did not provide a clear outline of the procedure for the financial assessment process, including when it considered if deprivation of assets had occurred.
17. I have looked at all the information provided by Mrs X and the Council. I can find no fault in the financial assessment process or the information given to Mrs X.
18. The Council clearly told Mrs X from the start that it was likely that Mrs Y would need to self fund her care. The social workers notes show this. I accept it is a complicated process. But, there is no evidence the Council gave Mrs X the wrong information. Mrs X was informed that Mrs Y did not meet the criteria to fund a residential care placement through S117 aftercare or eligible for FNC. Mrs Y’s finances were complex as her home had been placed in a trust and the intention was to fund an extension on Mrs X’s home for her to live in.
19. Mrs X says that she wants the Council to have a policy or instructions for the care process. She thinks there should be specific instructions about what information the Council requests. There is information available on the Council’s website. While I understand Mrs X’s concerns, there is no way that a Council’s policy could be detailed enough to account for every families different care and financial situation in order to say, for example, how many months bank statements should be asked for.

Referral to the OPG

20. Mrs X has power of attorney for both health and welfare, and finances for her mother. A power of attorney is a legal document that appoints someone, an 'attorney', to make decisions on another person’s behalf.
21. If some one has concerns about the actions of someone holding a lasting power of attorney, they can complain to the OPG. The OPG will investigate for example, the misuse of money or decisions that are not in the best interests of the person they’re responsible for.
22. Mrs X complains the Council made a referral to the OPG without giving enough time for her to respond to an enquiry for information. Mrs X says that it was wrong that the Council went from requesting more bank statements to referring concerns to the OPG, without having a further discussion with her.
23. I have looked at the information the Council sent. The referral to the OPG was not made because Mrs X needed longer to provide bank statements. The Council said it was made because of concerns it had from the information it had received. I find no evidence of fault in the Council’s actions, the Council had reasons for making the referral and it is not my role to make a judgement on the Council’s reasons. It is for the OPG to decide on the validity of those concerns. The OPG closed the complaint but this does not automatically mean the Council was wrong to make the referral.

Information Leaflet

24. The Council has apologised that it sent Mrs X a paper copy of an old leaflet. The Council has destroyed any remaining copies and said the information is now online so it is kept up to date and printed out on request. I have looked at the leaflet and I cannot find anything in it that would have altered the situation Mrs X was in or the actions she took.

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Final decision

25. I have completed my investigation of this complaint. This complaint is not upheld as there was no evidence of significant fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman