Summary: We will not investigate this complaint about charging for adult social care. We are satisfied with the action the Council has taken to waive outstanding charges. It is unlikely an Ombudsman investigation would achieve anything further.

The complaint

1. Mr B says the Council put his relative, Mr C, into a care home when he should not have been there. Mr B says hospital staff told them Mr C would be at the care home for one month and it would be free. But then the Council approached them about money. Mr C and Mr B said they would not pay. After Mr C’s death the Council sent an invoice for £23,000. Mr B cannot grieve and cannot afford to pay.

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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:

• 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 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

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

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My assessment

6. When Mr C was ready to leave hospital, he had no place to live. The Council arranged a placement at a care home to assess his long-term care needs. Under hospital discharge to assess arrangements, the placement would be free until the Council had assessed Mr C’s needs. At the assessment the Council assessed Mr C had capacity to make his own decisions. The Council explained how charging for care works, gave Mr C an appropriate information leaflet, and was satisfied he understood.
7. Although Mr C did not wish to pay for care, he received care which he was assessed as able to contribute toward. The Council has complied with the Mental Capacity Act 2005, the Care Act 2014 and its own policies regarding meeting Mr C’s care needs and charging for his care.
8. It was upsetting for Mr B to receive a large bill shortly after Mr C’s death. The Council has apologised for the distress it caused Mr B. The Council has waived a significant amount of care fees, taking only what Mr C had already paid.

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Final decision

9. We will not investigate Mr B’s complaint because we are satisfied with the actions the Council has already taken. It is unlikely an Ombudsman investigation would reach a different outcome.

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Investigator's decision on behalf of the Ombudsman