Summary: We will not investigate this complaint about care home costs. This is because the complaint is late and there are no good reasons why the complainant could not have complained to us sooner.

The complaint

1. Miss X complains about the Council’s handling of care home charges for her relative, Mr Y. Miss X says she the Council sent a final bill for outstanding care home fees after her relative died which was far greater than she expected. She would like a breakdown of costs as she believes Mr Y was not liable for the full cost of care. Miss X also complains about the Council’s handling of her complaint about the matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

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

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My assessment

6. Mr Y was living in a care home from April 2022 up to when he died. Mr Y had periods of illness where he lacked capacity to make decisions and handle his finances.
7. Miss X, as his closest relative, began the process of applying to be a deputy to enable her to legally handle Mr Y’s affairs on his behalf. In the interim, the Council agreed to fund care home costs while Miss X’s application was being processed. This was on the understanding that once Miss X was legally appointed as a deputy, a financial assessment could take place to determine the amount of care costs Mr Y would be liable for. In the meantime, Mr Y paid a small contribution to his care costs.
8. Mr Y died in April 2024 before Miss X was appointed to act on his behalf. In June 2024, the Council issued a bill for the outstanding care costs. Miss X had confirmed Mr Y had savings above the national threshold at the time of his stay at the care home and the Council determined his estate should cover the care costs.
9. We will not investigate this complaint as it is late and it is reasonable to expect Miss X to have complained to us sooner.
10. Even if we were to investigate, we could not achieve the outcome Miss X wants. The evidence shows Mr Y’s finances meant he was liable to pay full care costs and under the circumstances, the Ombudsman would not recommend the Council should waive the debt owed to it. Nor could we speculate what decisions Mr Y may have made about his care and finances in periods where he had capacity.
11. Miss X says some of Mr Y’s care may have been funded by the NHS, however, had he been eligible, this would have been paid directly to the care home. The outstanding balance is what the Council paid the care home while Mr Y lacked capacity and there was no appointed deputy. Should Miss X wish to contest the amount owed for care costs, as the administrator for his estate, she may wish to look at other legal routes.
12. Miss X complains about the Council’s handling of her complaint. It is not a good use of our resources to investigate how a Council has handled a complaint if the substantive matter does not fall to be investigated. That is the case here.

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Final decision

13. We will not investigate Miss X’s complaint because it is late and it would have been reasonable for her to have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman