Summary: We will not investigate Miss X’s complaint about her mother being charged for respite care at a care home. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains about her mother being charged for respite care at a care home. She says the family were not told the respite placement would be chargeable and were instead led to believe the placement would be free.

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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. (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s mother, Mrs Z, lived with her husband who was her primary carer. Mrs Z’s husband was hospitalised and in June 2024, the Council received a referral from Mrs Z’s GP for emergency respite.
6. The next date, the Council completed an assessment which detailed Mrs Z had 24hour support needs and was struggling at home without her husband. It was agreed for a respite placement to be arranged for her. The assessment noted charges had been discussed with Mrs Z and that she was aware of the charges and the fact she was a self-funder. The Council also confirmed a leaflet was sent to Mrs Z which outlined the Council would not contribute towards care fees if the individual had capital over the threshold of £23,250.
7. There is no evidence to suggest Mrs Z lacked capacity to understand the information the Council had provided to her. I also note the assessment detailed Mrs Z had a friend present to support her. Miss X was not present or involved as she was on holiday at the time the Council completed the assessment. However, the records showed the social worker was made aware by Mrs Z’s friend that Miss X would like respite for her mother.
8. An investigation is not justified as we are not likely to find fault. This is the Council is allowed, by law, to charge for care and support. Further, the records showed the Council appropriately told Mrs Z the respite placement would be chargeable and that she was responsible for paying for the full cost of the care. There is no evidence to support the Council told Mrs Z or Miss X that the placement would be free.
9. The Council issued Mrs Z an invoice for care and support up to 16 July. Miss X says her mother left the care home on 12 July. The Council explained the invoice was issued as the care plan and respite placement were not ended until that date. The Council confirmed if Miss X could provide evidence Mrs Z left the placement earlier, it could adjust the dates of stay. It is open to Miss X to provide this evidence to allow the Council to review the charges.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman