Summary: There is no evidence of fault or injustice in the fees charged by the care home. The care home charged the fee it said it would by letter, which did not include Funded Nursing Care contributions.

The complaint

1. The complainant, who I shall call Mrs X, complains that the care home has not used the increase in Funded Nursing Contributions (FNC’s) to reduce the cost of her husband’s care.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about adult social care providers and decides whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
3. 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

4. I read the papers submitted by Mrs X.
5. 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

6. The contract between the care home and Mr X said that the total cost of the care per week was £1300.
7. On 22 February 2023 the Council wrote to Mrs X to say that fees would increase from 1 April 2023 to £1140 per week. The letter said ‘please note that these fees exclude any contribution from the NHS and social services and include laundry charges’.
8. The FNC contribution increased from £209 to £219. Mrs X complains that the care home have not reduced the amount she has to pay by the £10 per week increase in FNC contributions.
9. I understand that Mr X’s initial contract included an overall charge, but the fee increase letter refers the charge without the FNC contribution. This means the fees have been described in a different manner.
10. I do not find there is fault or injustice. The care home was clear in its letter that the fee it would charge Mrs X would be £1140, excluding FNC’s, from 1 April 2023. This is what it has done. The fact that the FNC charge has increased does not alter the fee Mrs X should pay as it excludes fees from the NHS (FNC’s).

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Final decision

11. I have ended my investigation and do not uphold Ms Y’s complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman