Summary: We will not investigate this complaint about the Council’s refusal to pay the full cost of Mrs C’s care fees during the 12-week property disregard period. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Mrs B complained she was told by two social workers that the full cost of her mother’s, Mrs C’s, care fees would be disregarded during the 12-week property disregard period. Mrs B says this has caused financial hardship because she had to take out loans to cover the cost of Mrs C’s care until her home was sold. Mrs B wants the Council to accept fault and pay the full cost of Mrs C’s care home fees during the 12-week disregard period.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Council met with Mrs B at Mrs C’s home in January 2023. It confirmed Mrs C lacked capacity to decide where she should live. Mrs B explained she had approached a residential care home and was considering placing Mrs C there for a period of respite. The Council’s notes from the meeting record a permanent placement had previously been discussed with Mrs B and said she, Mrs B, should request a 12-week property disregard. It explained if the weekly cost of the chosen placement was over the amount the Council would pay then the family would need to pay a top-up. The note says Mrs B said she was aware of the requirement for a top-up and agreed she would pay it.
6. Mrs B complained she was not properly informed of the process and was told the full cost of the placement would be disregarded for 12 weeks. I have not seen any evidence that Mrs B was told this by council staff. Without evidence showing Mrs B was told Mrs C would not have to pay anything during the 12-week property disregard there is not enough evidence of fault with the Council’s actions to warrant an investigation by us.
7. The records and notes I have seen show that Mrs B was told about the 12-week property disregard but also informed Mrs B as she had chosen to place Mrs C in care home above cost of the Council’s contracted beds there was a requirement for a top-up.

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Final de cision

8. We will not investigate Mrs B’s complaint because there is not enough evidence of fault with the actions taken by the Council.

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Investigator's decision on behalf of the Ombudsman