Summary: We will not investigate this complaint that the Council did not fund Mr X’s residential care while there was a dispute with another Council as to which was responsible for the fees. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Mr X’s daughter, Ms A, complains Wiltshire Council did not confirm who was responsible for her father’s care home fees between itself and another Council.
2. Ms A says this caused significant distress as the family were left with unpaid bills and threats of eviction from the care home.
3. Ms A is seeking a decision on which Council is responsible for her father’s care fees.

Back to top

The Ombudsman’s role and powers

4. 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, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X moved into a care home based in Swindon in July 2025. It was agreed that Mr X is eligible for funding by the Council. However, a conflict arose as to which Council should fund his care.
8. The care home fees were unpaid, so the care home threatened to evict Mr X in October 2025. The Council’s continued to deny responsibility.
9. When Ms A complained to Wiltshire Council, it explained the Care and Support (Disputes between Local Authorities) Regulations 2014 say the Council whose area the care home is located in should pay for the care whilst the dispute is resolved.
10. Ms A has confirmed Swindon Council began paying the care fees as of January 2026, whilst the dispute is ongoing.
11. I have not seen any reason why Wiltshire Council should have paid the care fees during the course of the dispute and it appears the other Council eventually accepted this position.
12. The decision as to which Council is responsible for Mr A’s care costs will be decided by the Secretary of State for Heath and Social Care. This is not a decision for this office.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman