Summary: Mr X complained about charges for his mother’s residential care. Mr X also complained failings by the Council’s care provider led to his mother catching COVID-19 and passing away. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault in how the Council charged for the residential care. We could also never conclude fault by the Council’s care provider led to Mr X’s mother catching COVID-19. It is therefore unlikely we could add to the response Mr X has already received.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council had wrongly charged for his mother’s residential care. Mr X referred to a friend whose mother was in a similar financial situation but said the Council had charged them differently. Mr X also said his mother (Mrs Y) caught COVID-19 while in residential care commissioned by the Council. Mr X said she was not “adequately shielded and cared for”.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the Council or care provider followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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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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What I found

Complaint response

6. The Council has responded to Mr X’s complaint. In its response it said:
• Mrs Y had savings above the capital threshold of £23,250. This meant she was eligible to pay for her care. The Council had not taken the value of Mrs Y’s property into account due to her savings.
• It had contacted the Care Provider about Mr X’s concerns. The Care Provider said:
1. Since March 2020 all COVID-19 guidance was actioned in a timely manner.
2. Staff were trained in the use of PPE and had access to it.
3. There were admissions to the care home during COVID-19, although they were kept to a minimum. Agency staff and the emergency services also entered the home.
4. The ‘acquired route’ of COIVD-19 transmission could not be confirmed.
7. The Council said there was no evidence to indicate poor care or not following national guidelines contributed to Mrs Y catching COVID-19. It could not therefore uphold Mr X’s complaint.

Assessment

8. We do not investigate all the complaints we receive. As I explain in paragraph 3, we need to consider various factors before deciding if we should start an investigation. These include the likelihood of finding fault and what an investigation is likely to achieve. These tests are set out in our Assessment Code.
9. I understand how concerned Mr X is about the issues at the heart of his complaint. But we will not start an investigation.
10. Mr X says the Council wrongly charged his mother for her care. He says she was charged differently to a friend’s mother. The document ‘Care and Support Statutory’ guidance sets out a council’s duties regarding the Care Act 2014. This includes charging for adult social care. Where a person has savings above the capital threshold of £23,250, they are required to pay for their care, regardless of whether they own a property. I have not seen enough evidence of fault by the Council to question how it charged Mrs Y for her care. Mr X’s claim the Council charged somebody else differently is not evidence the Council wrongly charged Mrs Y.
11. It is clear Mrs Y caught COVID-19 while a resident of the care home arranged by the Council. But it is unlikely we would be able to conclude, on balance, that any fault by the Council or care provider resulted in Mrs Y catching COVID-19 and subsequently passing away. It is therefore unlikely we could add anything to the response Mr X has already received.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council. We could not add anything to the response Mr X has already received.

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Investigator's decision on behalf of the Ombudsman