Summary: We will not investigate this complaint about funding for adult social care in a care home. The Council delayed deciding on ordinary residence. The Council has apologised and will improve future service, but the delay does not make the decision wrong. It is unlikely the Ombudsman could add to the Council’s investigation or reach a different outcome. We cannot tell the Council it must provide funding.

The complaint

1. Ms D says the Council led them to believe it would help with funding Ms E’s care placement. Ms D says the Council took too long to then say it was not responsible to help Ms E. Ms D wants the Council to take responsibility and provide funding; Ms E’s money has run out. It is stressful worrying about what to do and whether Ms E can stay in the care placement or must move before she is ready. Ms D says the Council has failed in its complaint procedure which has caused further annoyance.

Back to top

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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the Care Act 2014 and associated care and support statutory guidance.

Back to top

My assessment

7. Ms E is currently living in a care home in another council area (council X). Ms E arranged and paid for her placement there, though does intend to move back to Croydon. Ms E asked the Council for financial help toward her care placement when her money started dropping near the upper capital limit when you can ask councils for help.
8. The Council delayed telling Ms E it was not responsible to help her, and that council X is responsible because Ms E has chosen to live there for the moment. The Council delayed telling Ms E this for a long time which means Ms E is now struggling to pay for her care placement.
9. The Council is only responsible to meet needs of adults ordinarily resident in its area. Settling ordinary residence is not always clear cut.
10. Although the Council did take too long to decide it was not responsible, that does not make its decision wrong or mean the Ombudsman can tell it that it must provide funding. The Council has apologised to Ms D for the impact of its delay and is working with council X to resolve the funding issue.
11. The Council has considered the relevant law and guidance to make its decision about Ms E’s ordinary residence and its responsibilities around funding her care. There is not enough evidence of fault in the Council’s decision over the funding, so the Ombudsman cannot question or criticise it. This is despite the Council’s delay in making the decision and even though Ms D strongly disagrees with it.
12. There is no dispute between the Council and council X about Ms E’s ordinary residence. If Ms D has any complaint about council X’s actions, then she would need to make a separate complaint about that. Ms E needs to contact Croydon when she intends to move back to its area so that a new decision can be made on ordinary residence based on the new circumstances.
13. Ms D is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

Back to top

Final decision

14. We will not investigate Ms D’s complaint because there is not enough evidence of fault in the Council’s decision making. There is fault in the delay for which the Council has apologised and confirmed the actions it will take to improve future service. It is unlikely an Ombudsman investigation would add to the Council’s response or achieve a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman