Summary: We will not investigate this complaint about a debt owed for care fees to Ms X’s organisation by a former resident who was waiting for the Council to complete a financial assessment. The Court of Protection is considering a best interests decision and the resident’s family will then pay the care fees owed. There is no worthwhile outcome achievable by our investigation.

The complaint

1. Ms X complains the Council did not act to ensure a resident in the home she manages had their finances to pay care fees. Ms X says the Council assessed the resident had capacity to manage their finances and they did not have eligible care needs so did not agree to fund the placement. Ms X said the Council then assessed the resident did not have capacity to manage their finances and needed residential care but did not put funding in place. Ms X says the care home is now owed an increasing debt for care fees, and this puts the resident’s placement in the home at risk. Ms X wants the Council to communicate with the care home, settle the debt owed for care fees and consider best interest decisions regarding the resident.

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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 another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s care home complained to the Council because it was owed a debt for care fees from a resident who had privately arranged the placement. Ms X said the resident lacked capacity to manage their finances after a period in the home.
6. The Council considered the complaint and during its investigation it found the resident was subject to the financial assessment process. It said it could not agree to funding until it had received all the financial information from the resident’s family to consider whether it should fund the placement. The Council said it would act in the resident’s best interests to complete assessments, but the timescale depended on the circumstances.
7. We will not investigate this complaint because there is not worthwhile outcome by our investigation. Since Ms X complained to us the resident has left the home. The resident’s family have applied to the Court of Protection to ensure there is someone in place to manage the resident’s finances. The resident’s family will settle the bill owed for to the care home once a suitable person is appointed to act for the resident.

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Final decision

8. We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman