Summary: We will not investigate Mrs X’s complaint that the Council did not make her aware she would be charged a contribution towards the cost of the home and that she should not have to pay because she does not want to live in the care home. This is because there are no worthwhile outcomes achievable. In addition, there is insufficient evidence of fault.

The complaint

1. Mrs X complains the Council did not make her aware she would be charged a contribution towards the cost of her care home placement and that she should not have to pay because she does not want to live in the care home.

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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)

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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. The Council assessed Mrs X as lacking mental capacity to make decisions around her care and support needs. In August 2022, the Council identified Mrs X required 24-hour care and sourced a care home placement for Mrs X.
6. In March 2023, the Council agreed for Mrs X’s placement to be made permanent and a deprivation of liberty safeguards (DoLS) authorisation was granted to keep Mrs X at the care home.
7. In November 2023, the Council assessed Mrs X as having capacity to manager her finances. In December 2023, the Council spoke with Mrs X to gather information for her financial assessment. The Council accepted this was the first time Mrs X was made aware of the financial implications of her placement.
8. In February 2024, the Council completed the financial assessment. This identified Mrs X had above the capital limit when her placement first started and so was a full cost payer. Mrs X became eligible for council funding from July 2023.
9. In its complaint response, the Council accepted there had been a delay in the Council completing an assessment to determine Mrs X’s capacity to manage her finances. This is because while Mrs X moved into he care home in August 2022, a mental capacity assessment regarding finances was not completed until November 2023.
10. Further, while the Council acknowledged that Mrs X was aware that her previous at home care package had been chargeable, it accepted there was no record that anyone had discussed the charges for residential care with Mrs X before her placement was arranged. The Council also accepted there was no record anyone had told Mrs X her placement at the care home had been made permanent.
11. To remedy this, the Council agreed to waive Mrs X care charges between August 2022 and December 2023. The Council said Mrs X would be charged from mid December 2023 onwards as this was the first time the Council had made her aware of the placement was chargeable.
12. An investigation is not justified as there are no further worthwhile outcomes as the Council has provided a remedy that exceeds what we would have recommended.
13. Further, it is not likely we would find fault with the Council for charging Mrs X from December 2023 onwards despite her not wanting to be in the care home. This is because the Council has followed the appropriate processes as it has assessed Mrs X as lacking capacity to make decisions around her care and support, made a best interest decision to place Mrs X in a care home, and sought a DoLS authorisation. Therefore, the law allows the Council to charge Mrs X a contribution for the placement.

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Final decision

14. We will not investigate Mrs X’s complaint because there are no worthwhile outcomes achievable. In addition, there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman