Summary: Mr X complained the Council wrongly charged Mr Y for a period after he had moved out of a care home, when he was waiting for confirmation he could remove Mr Y’s belongings. We found the Council’s failure to respond to Mr X’s queries and to properly inform him regarding ending the placement at the care home and any potential costs is fault. The length of time taken to send an invoice for these charges is also fault. These faults have caused Mr X and Mr Y an injustice. The Council will apologise and refund the charges for the period after Mr Y left the care home.

The complaint

1. Mr X complained the Council wrongly charged Mr Y for a period after he had moved out of a Care Home, when he was waiting for confirmation he could remove Mr Y’s belongings. Mr X says the care home told him he could not remove Mr Y’s belonging without the Council’s authorisation, but he was not told Mr Y would continue to incur charges.
2. Mr X also complained about inaccurate record keeping and failures to properly investigate safeguarding concerns regarding Mr Y’s medication and care, and data protection concerns.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)
5. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

7. Mr X has complained about the way the Council has investigated safeguarding concerns since 2023. As set out above, we expect people to come to us within 12 months of them thinking the Council has done something wrong. As Mr X contacted us in July 2025, we will only consider events since July 2024. We have discretion to consider events outside the 12 month time frame if there are good reasons for doing so. I do not consider it appropriate to exercise discretion in this instance. It was open to Mr X to raise concerns about the events in 2023 much earlier.

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How I considered this complaint

8. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
9. Mr X and the Council 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

10. Mr X’s father, Mr Y had been a resident at Care Home 1 for a few years. The placement was sourced and paid for by the Council and Mr Y paid a contribution towards the cost. Mr X says Mr Y would spend the weekend with family. They would collect Mr Y from Care Home 1 on a Friday and take him back on a Sunday.
11. Mr X says he was concerned about escalating issues at the care home and that he removed Mr Y from the care home for his safety on 3 November 2024.
12. The Council’s records show Mr X asked the Council to find an alternative care home for Mr Y on 11 November 2024. He said he had taken Mr Y back to Care Home 1 the previous evening but due to a number of concerns had then returned Mr Y to family. He also asked to raise safeguarding concerns about the administration of Mr Y’s medications.
13. Mr X contacted the Council again on 14 November 2024 asking for guidance on what to do next. He told the Council Mr Y’s belongings were still at Care Home 1 and asked the Council what the position was regarding getting them back and giving notice. Mr X told the Council they had no paperwork from Care Home 1.
14. There is no record of the Council’s response.
15. Mr X says he also contacted Care Home 1 regarding collecting Mr Y’s belongings. He visited the home several times over the following weeks to collect Mr Y’s medication as it was still being delivered there. Mr X says he was told on each occasion that he could not remove Mr Y’s belongings without the Council’s authorisation.
16. An email from the Care Home manager to Mr X of 20 November 2024 confirms they will contact social services that day regarding Mr Y’s accommodation. They noted it had been nearly two weeks and they needed further information about what was happening.
17. Mr X collected Mr Y’s belongings on 29 November 2024.
18. In June 2025 Mr X received and invoice for Mr X’s care charges at his current care home. The invoice also included outstanding charges for the period 4 November to 28 November 2024 at Care Home 1. Mr X disputed the charges for Care Home 1 and made a formal complaint to the Council about the charges and asked for a response to the safeguarding concerns he had raised.
19. Mr X also made a complaint to Care Home 1 about its use of Mr Y’s image in its promotional material.
20. The Council responded to Mr X’s complaint on 8 July 2025. It did not uphold Mr X’s complaint. The Council said it had spoken to the manager at Care Home 1 who confirmed Mr X had taken Mr Y home on 3 November 2024, but his belongings remained in his room. The care home manager said they had spoken to Mr X several times to ask that Mr Y’s belongings were removed. The manager said Mr X had said he was waiting for an update from the Council.
21. The Council said the care home manager had made Mr X aware that charges for the room would continue until all of the items were cleared. In addition the manager said they had contacted the Council on 20 November 2024 for an update and had reiterated that charges would apply.
22. In relation to Mr X’s concerns about the invoice being issued months after the billing period, the Council said the finance team was awaiting confirmation of the placement end date. Once they had received this they generated a backdated invoice.
23. The Council also set out details of the safeguarding concerns Mr X had raised since 2023. The Council said it was awaiting the outcome of the home’s internal investigation regarding Mr X’s recent concern about the use of Mr Y’s image in Care Home 1’s promotional material.
24. It said it assigned Mr X’s concerns about medication and Mr X’s chair at Care Home 1 to the Multi-Agency Safeguarding Hub (MASH) team in November 2024. They gathered initial information and concluded the concerns did not meet the criteria for further safeguarding enquiries and closed the case.
25. Mr X was not satisfied with the Council’s response. He disputed that either Care Home 1 or the Council had told him the room charges would continue beyond 3 November 2024. He said he was repeatedly told by care home staff that they were awaiting confirmation from the Council before Mr Y’s room could be cleared. Had he been told the charges would continue he would have cleared the room immediately.
26. Mr X also questions the accuracy of the information used in the safeguarding investigation regarding Mr Y’s medication.
27. The Council confirmed Mr X’s query had been passed to senior management for a decision on whether the charges should be refunded. It also suggested Mr X contact Care Home 1 directly regarding any discrepancies in Mr Y’s medication records.
28. Mr X remained concerned about factual inaccuracies in the Council’s records and Care Home 1’s unauthorised use of Mr Y’s image. Mr X asked for his complaint to be considered further. He said that although the Care Provider had assured him that all digital media featuring Mr Y had been removed there was still an image of Mr Y on its website. And that this image had been uploaded after he had withdrawn consent.
29. The Council responded in early August 2025 and confirmed Mr X’s concerns about the inaccuracies in its records had been recorded on Mr Y’s case file. It said Mr X’s concerns about Care Provider’s use of Mr X’s image was a matter for the Care Provider, rather than the Council. The Council also confirmed that enquiries were still underway regarding the invoice of May 2025.
30. The following week the Council told Mr X it was not responsible for waiving the care contribution cost. It noted that neither Mr X not Care Home 1 were able to provide a copy of Mr Y’s contract for admission or residence. The Council considered this was a matter between Mr Y and the Care Provider and suggested Mr X raise the matter with the Care Provider.
31. Mr X remains dissatisfied and has asked the Ombudsman to investigate his concerns.

Analysis

32. The Council has refused to reimburse Mr Y’s contribution for the period after 3 November 2024 on the basis this was a matter between Mr Y and the Care Provider. However I am not persuaded this is the case. There is no evidence Mr Y had a contract with Care Home 1.
33. The Council has provided an example copy of Care Home 1’s ‘Acceptance of Contract of Admission and Residence’ document. This would be signed by the resident or their representative and confirms they will pay the contribution and any top up required direct to the Care Home. Care Home 1 has been unable to provide a copy of this document or any other agreement signed by Mr Y.
34. This is possibly because Mr Y did not pay his contribution charge directly to Care Home 1.
35. The Council commissioned Mr Y’s placement at the Care Home 1 and was responsible for his care. It invoiced Mr Y for his contribution and then paid this and the balance of the charges to Care Home 1. We would therefore expect the Council rather than Mr Y to have a contract with Care Home 1. This contract should include provisions for the termination of the placement and any notice periods.
36. Although Mr X asked the Council about retrieving Mr Y’s belongings from Care Home 1 and about giving notice on the placement, there is no record the Council responded. Nor is there any record of the Council advising Mr X that charges for the placement at Care Home 1 would continue.
37. The documentation suggests both Mr X and Care Home 1 were awaiting information/ instructions from the Council regarding ending Mr Y’s placement. The Council’s records note a best interest decision would be required for a change in placement, but there is no record of whether or when his took place.
38. I consider the Council’s failure to respond to Mr X’s queries and to properly inform him regarding ending the placement at Care Home 1 and any potential costs is fault. The length of time taken to send an invoice for these charges is also fault.
39. These faults have caused Mr X and Mr Y an injustice.
40. Although Mr X says he removed Mr Y from Care Home 1 on 3 November 2024, the documentation suggests it was the following week. One of Mr X’s concerns relates to the repositioning of Mr Y’s chair in the lounge. This took place on 7 November 2024 when an external entertainer performed at the care home. Mr X then took Mr Y home to family for the weekend the following day. Mr X was unhappy Mr Y’s chair had not been moved back to its original position by 10 November 2024 when he returned Mr Y to the care home. It appears it was at this point Mr X decided to remove Mr Y from the home and took him back to stay with family.
41. It would therefore be appropriate for Mr Y to pay the contribution charge for the period 4 to 10 November 2024 as he was still residing at Care home 1.
42. It is unclear whether the contract between the Council and Care Home 1 included a notice period. But the documentation suggests the charges were levied on the basis Mr Y’s belongings remained in his room, rather than an agreed notice period.
43. On this basis I consider the Council should reimburse Mr Y for the charges he paid for the period 11 to 28 November 2024. Had the Council responded to Mr X’s queries I am satisfied he would have collected Mr Y’s belongings sooner.
44. The Council considered the safeguarding concerns Mr X raised in November 2024 and determined they did not meet the threshold for further enquiries. This is a decision the Council can take and is not fault.

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Action

45. The Council has agreed to:
• Apologise to Mr X for the frustration and anxiety caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Reimburse Mr Y the charges he has paid for the period 11 November to 28 November 2024.
46. The Council should take this action within one month of the final decision on this complaint and provide us with evidence it has complied with the above actions.

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Decision

47. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman