Summary: We will not investigate Ms X’s complaint about a lack of information about the cost of her mother’s care because the Council has offered a remedy for the uncertainty caused and further investigation would not lead to a different outcome.

The complaint

1. Ms X said the Council failed to:
• inform her that her mother, Mrs Y, had been discharged from hospital to a care home in January 2021, despite Ms X having a Lasting Power of Attorney for her mother;
• provide a care and support plan or contract with the care home or accurate information about the costs of her mother’s care;
• pay for the care home (Ms X said she had to pay initially, and the care home later refunded her); and
• explain the various invoices and credit notes issued, despite requests for it to do so.
2. Ms X says that, as a result of the above failings, the Council should not charge Mrs Y for her care.
3. Mrs Y died in September 2022 and Ms X says she had no contact from the Council between February 2022 and May 2024, so she understood the matter was closed. She says there is not enough money in Mrs Y’s estate to pay the outstanding costs the Council is now seeking to recover.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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My assessment

What happened

7. Mrs Y was discharged from hospital to a care home in January 2021. Her care was initially funded by COVID funding. It became chargeable in mid-March 2021 for a period of 12 weeks when the value of her home was not considered. During that period the Council calculated she should pay an assessment contribution of £302.32 per week. From 10 May 2021, Mrs Y was assessed as needing to pay the full cost of her care. Also in May 2021, Mrs Y moved to another care home, nearer to Ms X. There was a private contract between the family and the new care home from October 2021.
8. In September 2021, the Council discussed the cost of Mrs Y’s care with Ms X by telephone and sent an email after the call to confirm the position. In the email, the Council set out the costs for the relevant periods. It also referred to the sale of Mrs Y’s property and advised Ms X to tell the finance team when it was completed. It explained an invoice would be sent for the costs due but that, if there was a delay in the sale being completed, the Council could set up a deferred payment arrangement, which would mean the invoice did not need to be paid until the proceeds from that sale were available.
9. Mrs Y died in September 2022. The Council did not record her death at the time as she had been living outside its area and was paying for her care in full. And, although Ms X used the Tell Us Once service, the Council’s finance team were not informed.
10. In its complaint response, the Council acknowledged it had taken some time for it to follow-up on the outstanding costs and offered to deduct £500 from the sum owed to recognise the time and trouble caused to Ms X. It subsequently provided a breakdown of how the outstanding costs were calculated.

My assessment

11. Mrs Y was assessed as needing residential care in 2021 and the Council was entitled to charge for that care. I note this was during one of the national lockdowns due to COVID-19. Any lack of contact with Ms X or documentation would not mean Mrs Y was not required to pay for her care. The Council provided appropriate information about the costs of that care in September 2021.
12. Where we find fault with a council for a delay in providing information about the cost of the care or invoicing for care costs, we usually recommend a modest payment to recognise the uncertainty caused. The Council has offered to waive £500 of the outstanding costs, which is in line with our Guidance on remedies and other decisions we have made in similar situations. On this basis, I am satisfied the Council has remedied the injustice caused and that further investigation would not lead to a different outcome.

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Final decision

13. We will not investigate Ms X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman