Summary: We will not investigate this complaint about charges for adult social care while in hospital. It is standard practice to continue to pay to keep your room in a care home available for you to return to. There is not enough evidence of fault by the Council to justify an investigation.

The complaint

1. Ms C says the Council is wrongly charging for adult social care for a period when her relative, Mr D, was in hospital. This is impacting Ms C’s mental health.

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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 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.

(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)

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How I considered this complaint

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

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My assessment

6. Mr D was living in a residential care home arranged by the Council, for which he pays a contribution toward the cost.
7. Mr D went into hospital for around a month and is querying why he should still pay his contribution for a time he was not resident in the care home. The Council has explained that you must continue to pay to keep your placement open.

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Final decision

8. We will not investigate Ms C’s complaint because there is not enough evidence of fault by the Council. We would not add to the Council’s investigation or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman