Summary: We will not investigate this complaint about how the Council communicated about and dealt with Mr A’s care costs. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council’s communication about how the costs of her father (Mr A)’s care would be charged was unclear. She says there was a delay in the Council providing a statement of the account which has caused costs to accrue.
2. Ms X would like the Council to accept its responsibility for the debt by reducing it and working with the family going forward.

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The Ombudsman’s role and powers

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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr A moved into a care home in January 2025, following a care needs assessment in late 2024.
6. In May 2025, Ms X complained about the Council’s bill and a lack of clarity about what would be charged for Mr A’s placement. She said the information the Council had provided was ambiguous.
7. The Council wrote to Ms X in October 2024, explaining funding for care before the care was put in place. The letter confirmed Mr A would need to make a contribution toward his care costs of up to £188.00 per week.
8. The Council explained the exact amount Mr A would have to pay would be based on what he could afford and would be confirmed following a financial assessment.
9. The Council explained that Mr A would be given a personal budget, and how this would be calculated. It also said there was a maximum amount the Council would contribute for care costs, and it would provide details of at least one affordable care home based on this sum.
10. The letter went on to say if Mr A chose a care home which cost more than the Council’s maximum budget, his friends or family could pay a third party top up to make up the difference and allow him to stay in the chosen home.
11. The letter specified Mr A could not use his own money to pay the third party top up. This would be an agreement between the third party and the Council and would need information about the third parties’ finances.
12. While I recognise there has been confusion about the charges, I do not consider the Council’s information here is unclear that Mr A would be making a payment based on what he could afford, and if he chose a care home which cost more than the Council would fund, his friends or family pay the difference.
13. Mr A moved into a care home which is more expensive than the Council will fund, and Ms X entered a top up agreement with the Council to pay the difference.
14. Importantly, the information was provided before any care was put in place and allowed time for any questions to be asked, and Ms X had the opportunity to speak with the Council for further clarity if it was needed.
15. Although Ms X is not happy with the information provided, I am satisfied the Council has provided clarity about the costs of Mr A’s care and how it was to be paid. This has been done before and after he moved into the home and further explanations have been provided through the complaints process.
16. If we were to investigate Ms X’s complaint it is unlikely we would find fault. As the care charged for has been provided, it is very unlikely we would ask the Council to reduce the bill.

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Final decision

17. We will not investigate Mr A’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman