Summary: We will not investigate Mrs X’s complaint. We are unlikely to find the Council acted with fault or add anything more to their previous investigation.

The complaint

1. Mrs X complains that Leicester City Council (the Council) have unfairly charged her mother, Mrs Y – deceased) for care in care home. She says a Social Worker told the family the Council would fund the first four weeks of Mrs Y’s care at the care home. Mrs X said it has been stressful trying to resolve the unpaid invoices. She would like the Council to pay for Mrs X’s care.

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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 evidence provided by Mrs X and the Council, as well as relevant law, policy and guidance.
4. Mrs X had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

5. In 2023, the Council decided it was in Mrs Y’s best interests to move to a care home on discharge from an NHS Trust. Mrs Y’s family (including Mrs X) agreed to move her to a specific care home. Mrs Y’s daughter (Mrs X’s sister) signed an agreement which confirmed Mrs Y may need to pay for her care based on the outcome of a financial assessment. The financial assessment found Mrs Y had savings above the threshold, so would need to pay the full cost of her care.
6. Before the NHS Trust discharged Mrs Y, Mrs X says a Social Worker told her the Council would pay for the first four weeks of her care at the care home. In response to Mrs X’s complaint, the Council said it could not find any evidence it said that. Mrs X also told me she could not find that evidence in the family’s emails with the Council. I do not doubt or disbelieve Mrs X’s version of events as she remembers them, but on the balance of probabilities, an investigation is not likely to agree with Mrs X’s recollection.
7. Overall, Mrs Y’s care was chargeable, and the Council has provided evidence the family were aware Mrs Y needed to pay towards her care. I do not consider there is enough evidence of fault to investigate.

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Decision

8. I will not investigate Mrs X’s complaint. I am unlikely to find the Council acted with fault.

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Investigator's decision on behalf of the Ombudsman