Summary: We will not investigate this complaint about adult social care fee rates. This is because we cannot say how much the Council should pay the Care Provider. It is reasonable to expect the Care Provider to take the Council to court to settle the dispute.

The complaint

1. Ms B says the Council has decided ‘actual cost of care’ rates which it will pay adult social care providers. Ms B works for Provider X; its’ fees are above the ‘actual cost of care’ the Council will pay. So the Council will not pay an annual fee increase for residents it has placed with Provider X. Ms B says this makes it challenging for Provider X to run its business. Ms B wants the Council to uplift the residents’ fees by 5% and backdate it to April 2022.

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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 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 continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. Ms B’s complaint is about contractual arrangements Provider X has with the Council on what the Council will pay for residents it has placed in the care of Provider X. If Provider X wants to dispute the price and arrangements for increases, it can take the Council to court. It is reasonable to expect the business to take this action. The Ombudsman cannot settle the dispute about what the Council should pay Provider X.
7. If Provider X cannot meet the residents needs at the rate the Council will pay, it has the option to end the contracts for those Council clients.

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Final decision

8. We will not investigate Ms B’s complaint because we cannot achieve the outcome Ms B wants. The court is better placed to consider this complaint, and it is reasonable to expect Provider X to take the Council to court to settle the fee dispute.

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Investigator's decision on behalf of the Ombudsman