Summary: We will not investigate this complaint about the Council failing to provide Mr X with advice and support regarding paying for his mother’s care charges. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains the Council failed to provide him with advice and support regarding paying for his mother’s care charges. He says his mother does not have any available money to pay the care home’s next invoice and his is worried his mother will be evicted from the care home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3.  

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has confirmed his mother’s capital has fallen below the capital threshold. He also accepts his mother is still liable for the full cost of her care because of the value of the property. However, Mr X highlighted the sale of the property will not be quick due to several issues. Mr X asked the Council for help and advice regarding how his mother is to pay for her care until the property is sold.
7. A deferred payment agreement lets people use the value of their home to help pay for care home costs. It can be used if someone is finding it difficult to sell their property. The Council’s website details who might be eligible for the agreement:
• you own your own home;
• you live in or are moving to a care home on a permanent basis;
• you have less than £23,250 in capital and savings;
• nobody else, such as a spouse, partner or dependent child needs to continue living in your home.
8. Mr X’s mother appears to be eligible. However, there is no evidence the Council considered this, or provided any information to Mr X about the possibility of a deferred payment agreement. Therefore, if we were to investigate, it is likely we would find fault with this. I am satisfied the likely fault will have caused Mr X distress and frustration.

9. We therefore asked to the Council to consider remedying the injustice caused by its actions by now considering whether Mr X’s mother is eligible for a deferred payment agreement. If the Council’s decision is that she is, it should start the process for getting the agreement in place without delay.

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Agreed action

10. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision to put things right.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman