Summary: We will not investigate Mrs X’s complaint about how the Council handled the payment of her mother’s care home fees. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council wrongly billed her for £77,000 in care home fees following her mother, Mrs Z’s, death.
2. She also complains the Council took control of Mrs Z’s pension and benefits without Mrs X’s permission and delayed in transferring Mrs Z’s finances to her.
3. Mrs X says she wants an explanation from the Council so she can finish arranging Mrs Z’s affairs.

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The Ombudsman’s role and powers

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. (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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Under a deferred payment agreement (DFA), a council will pay all or some of a person’s care home fees and will then recoup the money once their property has been sold. This is usually after the person has died.
8. Several years ago, the Council and Mrs Z set up a DPA. This meant that Mrs Z contributed £145 a week towards the costs of her care home fees and the Council paid the balance of £550 a week.
9. The Council was initially Mrs Z’s appointee with the Department for Work and Pensions (DWP) which meant it received Mrs Z’s benefits and pensions and used them to pay her weekly contribution.
10. Mrs X applied to the Court of Protection to be Mrs Z’s deputy and this was granted. At that point, Mrs X should have informed the DWP and asked it to send her Mrs Z’s pensions and benefits. However, she did not and so the DWP continued to send them to the Council who also continued to pay Mrs Z’s fee contribution.
11. By the time Mrs X informed the DWP and the DWP processed this change, Mrs Z had died. As a result, the Council could only transfer the balance of funds to Mrs X once probate has been completed.
12. We will not investigate this complaint.
13. Under the terms of a DPA, the Council can recoup the money it had paid from the sale of the property. This is the process it is now following after Mrs Z’s death; hence the invoice for £77,000.
14. As Mrs Z’s appointee with the DWP, the Council received her pensions and benefits and used them to pay her weekly contribution to her care. This was in addition to the amount the Council paid under the DPA. Because Mrs X did not inform the DWP when she became Mrs Z’s deputy there were delays in repaying her any balances. There have been further delays because of probate but there is no evidence that these are because of any fault by the Council.

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Final decision

15. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman