Summary: We will not investigate Mr X’s complaint that Mr Y was placed in a care home for three years without his agreement because there is insufficient evidence of fault. We have upheld the complaint about a lack of information about Mr Y’s contribution to the care home costs but will not investigate further because the Council agreed to apologise, waive the residential care fees, make a payment to Mr X for the uncertainty caused, and take action to improve its services for others.

The complaint

1. Mr X complained, on behalf of Mr Y, that Mr Y had been in a residential care home for three years against his wishes because the Council had not been able to identify suitable housing for him. Therefore, Mr X says Mr Y should not have to pay the care home fees from February 2023, which the Council is seeking.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. 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

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

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My assessment

Placement in a care home

6. Mr Y moved to a care home in August 2022 after a period in hospital because his care needs had increased. Council records show Mr Y and his family agreed he could not return to his Council flat, even with a care package, and that he needed residential care at least for a period.
7. The Council reviewed Mr Y’s care needs in October 2022. It recorded Mr Y no longer needed a nursing home, although he still had significant care and support needs. The Council identified an alternative care home and Mr X moved there in early February 2023.
8. The Council carried out a further review in May 2023. It recorded Mr Y was working towards returning home, including managing his diabetes and improving his mobility. However, Mr Y did not envisage returning to his flat because he was concerned about the steps to access it. He was advised to make an application to the Council’s housing register for rehousing, which he did.
9. The Council reviewed Mr Y’s care again in July 2023. At this point the Council recorded his need for support had reduced and that Mr Y was saying he should not be in a care home. At a further review in October 2024 Mr Y said he did not want to return to the area where his Council flat was as he wanted to be nearer to his family and he was advised to consider a home swap scheme.
10. In November 2024, alternative housing was identified and the Council reviewed Mr Y’s care and support needs to identify the support package he would need on his return to his own home.
11. Based on the above, there is no indication Mr Y was placed in a care home against his will. The Council keep the placements and Mr Y’s support needs under review, arranging a move to an alternative care home when appropriate. We will not consider that part of the complaint further because there is insufficient evidence of fault to justify our involvement.
12. Mr Y’s complaint about the Council’s housing team’s efforts to identify alternative housing have been considered separately.

Care home costs

13. A Council record in July 2022 records a financial assessment would be needed to assess what Mr Y’s contribution to his care costs would be. The care and support plan in August 2022 records that Mr Y’s family had agreed to support him to complete a financial assessment form. Although these records do not record the specific advice given about care home costs, it is clear that Mr Y was made aware he may need to contribute towards the costs of the care home.
14. It is not clear when the Council return the completed financial assessment form, which Mr Y signed in September 2022. I have not seen evidence the Council told Mr Y what the assessed contribution would be until it wrote to him on 31 July 2024 setting out the assessed contributions from February 2023 onwards. (The Council has never proposed charging for the period prior to February 2023 when Mr Y moved to the second care home).
15. If we investigated this complaint, it is likely we would find fault with the Council for its delay in telling Mr Y about the amount of the assessed contributions towards the care home fees and invoicing him for these. The Council is entitled to charge for the care received, but Mr Y has suffered uncertainty about how much he needed to pay. This is an injustice to him.
16. We therefore asked the Council to take steps to remedy the injustice. The Council agreed to take the following action within two months of the date of this decision:
• apologise to Mr Y in line with our guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice;
• pay him £200 to remedy the injustice caused; and
• remind relevant staff of the importance of calculating the assessed contribution and invoicing without delay after completed financial assessment forms and evidence have been received.
17. In addition, the Council agreed to waive the charges for residential care between February 2023 and December 2024.
18. The Council will provide the Ombudsman with evidence it has completed the above actions with the agreed timescale.
19. For completeness, Mr X did not complain about the period prior to Mr Y going into residential care, and it is unlikely we would have investigated if he had because the complaint would have been too late for us to do so. The Council still intends to recover outstanding care charges for care at home prior to Mr Y moving to a care home and it will contact Mr X to offer a repayment plan for those costs.

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Final decision

20. We will not investigate Mr X’s complaint that Mr Y was placed in a care home without his agreement for three years because there is insufficient evidence of fault. We have upheld the complaint about a lack of information about the care home costs but will not investigate further because the Council has agreed to resolve the complaint early by remedying the injustice caused and improving its services for others.

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Investigator's decision on behalf of the Ombudsman