Summary: We will not investigate Mr X’s complaint about the Council failing to take appropriate responsibility for Ms Z’s care fees. This is because the alleged fault has not caused any injustice to Ms Z.

The complaint

1. Mr X is the appointed financial deputy for Ms Z. Mr X complains the Council has failed to take appropriate responsibility for Ms Z’s care fees and that this has put her placement at risk.

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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 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 an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Ms Z lives in a care home. Mr X is her court appointed financial deputy. Ms Z is currently in around £90,000 in care fees arrears.
6. Mr X says the Council should take over responsibility for paying for Ms Z’s care home fees to ensure her placement is not at risk.
7. The Council accepted that Ms Z’s account being in arrears meant her placement could be at risk. The Council noted it has flagged this internally and was keeping a watching brief of the situation.
8. The Council also confirmed it was in contact with Ms Z’s care home to manage the risk and noted the care home had not served any notice, nor had it indicated it wished to do so. The Council said if the care home did served notice, it would reassess the situation and respond accordingly.
9. An investigation is not justified as the alleged fault has not caused any injustice to Ms Z. This is because Ms Z’s care needs are currently being met as the care home continues to provide her with care and support. Further, the claimed injustice has not yet happened because the care home has not served notice.

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Final decision

10. We will not investigate Mr X’s complaint because the alleged fault has not caused any injustice to Ms Z.

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Investigator's decision on behalf of the Ombudsman