Summary: We will not investigate Miss X’s complaint about the Care Provider’s failure to carry out a mental health assessment when her aunt, Miss A, went into its care home. The complaint is late. And we will not investigate her complaint about how the Care Provider handled Miss A’s finances. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Miss X complained the Care Provider:
• failed to carry out a mental health assessment when her aunt, Miss A, went into its care home; and
• continued charging Miss A for her care even though her finances were below the upper threshold of £23,250.
2. Miss X says this has caused her aunt financial hardship and it would be distressing to her if she knew what had happened.

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The Ombudsman’s role and powers

3. 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 care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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:

• there is not enough evidence of fault to justify investigating, or

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

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss A went into the Care Home in February 2021. The Care Provider and Miss X have differing opinions on Miss A’s capacity when this took place.
8. Since then, Miss A has paid her Care Home fees.
9. The Care Home stated it began to have concerns about Miss A’s capacity towards the end of 2022. In December, it referred her for a mental health assessment. It also referred her to the local Council stating she needed financial support. When the Council did not reply, the Care Home sent a second referral. The Council carried out the financial assessment in April 2023 and backdated Miss A’s financial support to December 2022.
10. We will not investigate Miss X’s complaint about Miss A’s levels of capacity when she went into the Care Home in February 2021. The complaint is late and I can see no good reason why Miss X could not have complained to us earlier.
11. When the Care Home began to have concerns about Miss A’s capacity, it asked the Council to carry out a financial assessment and then chased when it heard nothing. These were appropriate actions to take and it is unlikely an investigation would find fault. Any financial decisions subsequently made were the responsibility of the Council and not the Care Provider.

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Final decision

12. We will not investigate Miss X’s complaint about Miss A’s admission to the Care Home because it is late. We will not investigate her complaint about how the Care Provider handled Miss A’s finances because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman