Summary: Ms X complained about the Council charging her father, Mr Y, for residential care fees after his move to a new care home. Ms X said the Council gave inconsistent information about the cost of the care and pressured the family to accept a particular placement. She said this caused the family distress and confusion. We have found no fault with the Council’s actions.

The complaint

1. Ms X complained about Devon County Council (the Council) charging her father, Mr Y, for residential care fees after his move to a new care home. Ms X said the Council gave inconsistent information about the cost of the care and pressured the family to accept a particular placement. She said this caused the family distress and confusion about the care charges.

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The Ombudsman’s role and powers

2. 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)
3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2) and 34C(2), as amended)

4. 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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How I considered this complaint

5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs 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

Choice of care homes

7. The Care and Support and Aftercare (Choice of Accommodation) Regulations 2014 set out what people should expect from a council when it arranges a care home place for them. Where the care planning process has determined a person’s needs are best met in a care home, the council must provide for the person’s preferred choice of accommodation, subject to certain conditions. This also extends to shared lives, supported living and extra care housing settings.
8. The council must ensure:

• the person has a genuine choice of accommodation;
• at least one accommodation option is available and affordable within the person’s personal budget; and,
• there is more than one of those options.

9. However, a person must also be able to choose alternative options, including a more expensive setting, where a third party or, in certain circumstances, the resident is willing and able to pay the additional cost.

Charging for permanent residential care

10. The Care Act 2014 (section 14 and 17) provides a legal framework for charging for care and support. It enables a council to decide whether to charge a person when it is arranging to meet their care and support needs, or a carer’s support needs. The charging rules for residential care are set out in the Care and Support (Charging and Assessment of Resources) Regulations 2014 and councils should have regard to the Care and Support Statutory Guidance.
11. When the Council arranges a care home placement, it must follow the regulations when undertaking a financial assessment to decide how much a person must pay towards the cost of their residential care.

What happened

12. Mr Y has dementia and has been assessed as lacking capacity to make decisions about his finances. Mrs X holds Lasting Power of Attorney for Mr Y’s property and finances and acts as his representative in such matters.
13. In early 2024, Mr Y's capital fell below the threshold at which he was required to fund the full cost of his own care. He therefore moved from a care home where he had been paying the full cost of his placement himself to a Council-funded placement. The Council completed a financial assessment in March 2024 and wrote to Mrs X in March and April 2024 to explain the outcome and confirm the contribution Mr Y was required to pay towards his care costs. These letters clearly stated this was the assessed weekly amount Mr Y had to pay towards his care in a residential or nursing home.
14. In September 2024 concerns were raised about the suitability of the placement for Mr Y. The Council began looking for an alternative placement for Mr Y. In early October 2024 Mrs X advised the Council she was unwell at the time and gave consent for it to speak with another family member, Mrs Z, on her behalf.
15. Also in early October a social worker spoke to Mrs X to arrange a meeting as part of Mr Y’s care needs assessment. During this call Mrs X said she had not received any invoices from the Council and the social worker agreed to chase this up.
16. The Council held a Best Interests meeting in mid-October 2024 to discuss options for Mr Y’s ongoing care. Mrs X and Mrs Z attended the meeting. Following the meeting, the Council decided Mr Y’s needs would be best met in another suitable, male-only residential placement.
17. The Council carried out a new financial assessment for Mr Y in mid-October 2024. Records show this assessment was completed with Mrs X, and the Council wrote to her following the assessment to confirm the outcome and Mr Y’s contribution. Mr Y moved to the new care home in late October 2024. Mrs X complained that, during this time, she and Mrs Z were put under pressure by the Council to accept the placement that Mr Y moved to. She said the family raised concerns about the distance to the new care home, which made it difficult for family and friends to visit Mr Y. She said that the Council did not offer any alternative care homes, but also acknowledged that Mr Y’s complex needs made it difficult to find a suitable placement.
18. The Council carried out a three-week review of Mr Y’s new placement in November 2024, which Mrs Z attended. The Council sent a copy of the meeting record to Mrs X by email.
19. The Council also contacted Mrs Z in November 2024 after identifying that no contribution payments had been received since April 2024. The Council received a substantial payment from Mrs X later that month. It confirmed there was still an outstanding balance and ongoing charges.
20. In March 2025 the Council sent Mrs X a letter confirming an annual uplift of Mr Y’s client contribution. In late March 2025 Mrs Z contacted the Council and queried why the charges were being applied and said she had understood that Mr Y’s current residential placement would be fully funded by the Council.
21. The Council reassessed Mr Y’s contribution in July 2025 after receiving information from the Department for Work and Pensions about an increase to Mr Y’s pension. It wrote to Mrs X to confirm the outcome and Mr Y’s revised contributions.
22. Mrs X complained to the Council in August 2025. She disputed these charges and said she believed Mr Y’s current placement would be fully funded by the Council. The Council responded to Mrs X’s complaint in September 2025. It did not uphold Mrs X’s complaint and said she and Mrs Z had been made aware of the client contribution during the process to find and move Mr Y to his current placement.
23. Mrs X contacted the Council again to challenge the outstanding charges in late September 2025. The Council responded to Mrs X in October 2025. It explained again that Mr Y was required to pay a contribution towards the cost of his care. It also provided a breakdown of the charges incurred since February 2024. Mrs X brought her complaint to the Ombudsman in October 2025.

Analysis

24. Mrs X complained the Council failed to clearly explain that Mr Y would be required to contribute towards the cost of his care after moving to his current care home. She said she understood the Council had agreed to fully fund the placement regardless of Mr Y's finances, and it was for this reason that she agreed to the move.
25. Councils have the power to charge for residential care. Where a council arranges residential care, it must carry out a financial assessment to determine what contribution a person should make towards the cost of their care. The evidence shows the Council carried out a financial assessment for Mr Y in March 2024 when he became eligible for Council funding. The assessment was completed with Mrs X and the Council then wrote to her confirming the outcome and the contribution Mr Y was required to pay.
26. The Council completed a further financial assessment in October 2024 and again wrote to Mrs X confirming the assessed contribution. It subsequently wrote to her on several occasions about annual reviews and changes to the contribution amount.
27. Records show the Council discussed charging and funding arrangements with the family while it was seeking an alternative placement for Mr Y. The Council shared a copy of Mr Y’s Care Act assessment with Mrs X and Mrs Z before the Best Interests meeting in October 2024. It continued to communicate with both of them during the process of identifying a new placement.
28. Mrs X says the social worker told the family that the new placement would be fully funded by the Council regardless of any financial assessment. However, I have seen no evidence the Council accepted it would meet the full cost of Mr Y’s care without any contribution from him. The written records from 2024 and 2025 consistently refer to financial assessments, assessed contributions and outstanding charges.
29. Mrs X made payments towards Mr Y’s contributions in April 2024 and queried non-receipt of invoices in October 2024, indicating she was aware that Mr Y had to contribute to the cost of his care. If she was concerned about this, she could have queried whether the situation would change when Mr Y moved to a new care home. There is no evidence she did so.
30. Mrs X has said that she was unwell in October 2024 and this was why she asked Mrs Z to communicate with the Council on her behalf. Mrs X’s mother was also unwell at this time and sadly passed away in 2025. I understand that these events led to Mrs X experiencing high levels of stress at the time. I also acknowledge that Mrs X believed her father's care would be fully funded by the Council once he moved to the new care home in October 2024.
31. However, the evidence shows the Council assessed Mr Y's contribution, notified Mrs X of the amount payable and continued to correspond with her about charges throughout this period. On balance, I am satisfied the Council explained that Mr Y was required to contribute towards the cost of his care. I therefore find no fault in the way the Council assessed, applied or communicated the charges.
32. Mrs X also complained the Council pressured the family into accepting the placement. Records show the Council considered alternative options, discussed the family's concerns about the distance from home, and held a formal Best Interests meeting before making its decision. The records show the Council considered Mr Y's needs, the risks associated with previous placements and the availability of suitable accommodation. I have found no evidence of fault in how the Council made this decision and therefore I cannot question the outcome.
33. I am satisfied the Council properly carried out financial assessments, communicated the outcomes to Mrs X and followed the appropriate process when arranging Mr Y’s placement. I therefore do not find fault by the Council.

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Decision

34. I find no fault with the Council.

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Investigator's decision on behalf of the Ombudsman