Medway Council (25 005 930)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 12 Oct 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the care and support received by the complainant’s late husband between 2022 and 2023 and about invoices for care contributions the Council sent. The complaint is late and there are no good reasons to investigate now.

The complaint

  1. Mrs B complains about the care and support provided to her late husband between late 2022 and 2023. She says the care and support in the two nursing homes arranged by the Council did not meet expected standards and this led to her husband developing pressure sores which contributed to his death. She also complains the Council charged her husband a contribution for care fees for the period although it led her to believe the placements would be funded by the health authority. Mrs B says the events caused her distress at a difficult time. As an outcome she wants the Council to cancel the charges it says are owed.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs B cared for her late husband, Mr B, at home with support from two carers until she has a fall at home. She said the Council’s officer advised it would be better if Mr B went into a nursing home. She said the officer spoke to her about healthcare funding and this led her to believe her husband’s care in the nursing home would be funded this way.
  2. The Council said it had sent a letter to Mrs B with a copy of its charging policy in August 2022. Mrs B said the first she knew about care charges in April 2023 when she first received an invoice from the Council. The Council also considered concerns regarding the pressure sores in line with its safeguarding procedures.
  3. Mrs B complained to the Council in November 2023 after her husband had passed away. She complained about poor care in the nursing homes and the care charges the Council had detailed in invoices it had sent. The Council responded in December 2023 and said it had considered the concerns regarding the pressure sores under its safeguarding procedures and could not identify abuse had occurred. It identified learning for the service involved in relation to record keeping and monitoring. It also said it had explained its charging policy at the time and confirmed how much Mr B would need to pay towards care charges.
  4. Mrs B complained to the Council again in April 2025 about the care charges. The Council responded in May 2025. It said it had previously considered her concerns about the care support under its safeguarding procedures. It said the invoice for care charges remained payable as Mr B had remained at the nursing home and received care and support.
  5. We will not investigate this complaint because it is late. Mrs B was aware of what she believed the Council had done wrong from 2023 and could have complained to us sooner. There are no good reasons to investigate now.

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Final decision

  1. We will not investigate Mrs B’s complaint because it is late and there are no good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman

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