Summary: We will not investigate Mr X’s complaint about a dispute with the Council over care costs. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained the Council verbally agreed to cover the cost of his father, Mr Y’s residential care and then later said this was not something it had agreed to. Mr X said this has caused a financial burden and emotional distress for him and his family. He wanted the Council to cover the cost of the care home bill and provide proof that the warden call service was cancelled.

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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 information provided by Mr X and the Council’s complaint responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y lived at a residential care home in 2024 which he self-funded, after a stay in hospital. Mr X said when Mr Y’s savings reached the upper capital limit, the Council told him that he was not eligible for care at the care home. Mr X said the Council verbally agreed that Mr Y could stay at the care home until he could move back to an annex at Mr X’s property in March 2025.
6. Mr X received an invoice from the care home for Mr X’s stay from December 2024 to March 2025 which the Council refused to pay.
7. In its complaint response, the Council said it had advised Mr X his father may not be able to stay at the care home due to funding. The Council said it assessed Mr Y’s needs in September 2024 and found he did not reach the level of care that a person required for the Council to fund a placement at the care home.
8. The Council said it suggested an alternative of sheltered housing with a package of care for Mr Y in October 2024.
9. The Council said that its case records showed Mr X cancelled an application for warden-controlled housing on 21 November 2024. Mr Y was found not to meet criteria for extra care housing later that month.
10. In its complaint response, the Council said its case records showed Mr X met with two staff members in December 2024. It said Council funding for Mr Y was not offered, and a plan was made for Mr Y to return to the annex at Mr X’s property once the tenancy of the annex had expired. It explained the process required for funding approvals and noted that Mr X had not received anything in writing as funding was not agreed.
11. We will not investigate this complaint because there is not enough evidence of fault to justify an investigation. The Council said it did not agree to fund Mr Y’s care from December 2024 to March 2025. The Council said Mr Y was not eligible for Council funding at his care home, and it had previously suggested alternative accommodation.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman