Summary: We will not investigate this complaint about the Council’s decision not to fund Mr Y’s care fees before 1 October 2024. There is insufficient evidence of fault and injustice to justify an investigation.

The complaint

1. Mr X complains on behalf of Mr Y. He complains about the Council’s decision not to fund Mr Y’s care fees before 1 October 2024. Mr X says that the Council’s decision caused financial hardship to Mr Y. He also incurred solicitor’s fees in challenging the Council’s decision.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Mr Y lives in residential care. In July 2024, he moved to a placement in the Council’s area. On 1 October 2024, a referral was made to the Council for a financial assessment for Mr Y. This was because Mr Y’s capital fell below £14,250 on 15 September 2024 so he was eligible for the Council’s assistance with his care fees. The Council agreed to fund Mr Y’s placement from 22 October 2024 which was the date it carried out its assessment.
7. Mr X made a complaint to the Council about its decision not to fund Mr Y’s placement between 15 September and 21 October 2024. In its response to Mr X’s complaint, the Council explained its policy was to fund an eligible person’s placement from the date they approached the Council for funding assistance or the date their funds fell below the capital limit, whichever was the later. The Council acknowledged it should have agreed to fund Mr Y’s placement from 1 October 2024 when the referral was made.
8. We will not investigate Mr X’s complaint about the Council’s decision not to fund Mr Y’s placement between 15 September to 30 September 2024. The Council’s decision was in accordance with its policy to only fund placements from the date it became aware of the person’s circumstances. So, there is insufficient evidence of fault to justify an investigation into this aspect of the complaint.
9. The Council acknowledged its initial decision to fund Mr Y’s placement from 22 October 2024 was incorrect. The Council has put matters right by agreeing to fund Mr Y’s placement from 1 October 2024. An investigation could not achieve more for Mr Y.
10. We are mindful Mr X obtained legal advice before making a complaint to the Council and he considers it should reimburse the solicitor’s fees. We would not normally recommend a council reimburses legal fees as complainants should not need a solicitor to help them make a complaint to the Council. Mr Y’s case was not exceptionally complex so Mr X could have made a complaint to the Council without legal help. We therefore consider there is insufficient evidence of injustice to justify investigating the complaint.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and injustice to justify an investigation.

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Investigator's decision on behalf of the Ombudsman