Summary: We will not investigate this complaint about delay in the Council assessing Ms Y’s needs and finances. It is unlikely that further investigation would achieve a different outcome. It is open to Mrs X to complain separately about subsequent events.

The complaint

1. Mrs X complained about delays by the Council, from mid-2024 to early 2025 in finalising funding arrangements for her mother’s (Ms Y’s) care. Ms X also complained the Council did not respond to her complaint.
2. Mrs X worried Ms Y’s placement was at risk and said the matter caused significant stress and inconvenience. Mrs X wanted the Council to make service improvements.

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The Ombudsman’s role and powers

3. 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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. Mrs X complained to us about the Council’s delay in assessing Ms Y’s care needs and finances. Ms Y had paid for her own care since 2022. Mrs X contacted the Council initially in June 2024 to tell it Ms Y’s funds would soon be depleted and she would require financial support to pay for her care. She submitted further information in November 2024, as Ms Y’s finances had depleted and she soon would not be able to pay for her care.
8. The Council advised Mrs X in January 2025 it would contribute to Ms Y’s care and set out the contribution Ms Y would need to pay towards her charges. It arranged a care needs assessment for April 2025.
9. Mrs X complained to the Council in April 2025, and told it Ms Y would not be able to pay her next bill from the care home. She explained her frustration about the Council’s lack of action since June 2024.
10. The Council issued a response apologising for the delay and explaining its intention to implement a new duty booking system to more swiftly respond when a person in residential care had depleting funds. Mrs X complained to us.
11. If we investigated this complaint, it is likely we would find fault due to the time it took the Council to carry out its assessments after Mrs X contacted it. However, the Council has already apologised for the delay and explained the service improvement it intended to make.
12. If we investigated this complaint, it is unlikely we would be able to achieve anything meaningful. While Mrs X experienced some frustration and uncertainty, the delays have not ultimately caused a significant injustice. The delays have likely led to Ms Y being able to remain in her preferred placement for a longer period. Mrs X is willing to pay a third party top up to enable her to do so, meaning that staying in the placement for longer has not caused a financial injustice.
13. Since Mrs X’s complaint to us, further events have taken place. We cannot consider the Council’s subsequent decisions – including that it is not viable for Mrs X to pay a third party top up for Ms Y to remain in her care home – within the scope of this case. We cannot investigate a matter until the Council has had the opportunity to consider it and reply via its internal complaints process. It is open to Mrs X to complain to the Council and then us if necessary.

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Final decision

14. We will not investigate Mrs X’s complaint because it is unlikely that further investigation would achieve a different outcome. It is open to Mrs X to complain separately about subsequent events

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Investigator's decision on behalf of the Ombudsman