Summary: We will not investigate Mr X’s complaint about the amount the Council pays for a resident it placed in his care home. The complaint is late and in any case, would be better addressed either by the Competition and Markets Authority or in court.

The complaint

1. Mr X, who is a care home manager, complained that:
• the Council had failed to increase its fees for a resident, Mr R, since it first placed him in his care home in 2019; and
• the fees the Council paid for Mr R were too low.
2. Mr X said that as a result, he has been financially disadvantaged because he can no longer afford to provide the care Mr R needs.

Back to top

The Ombudsman’s role and powers

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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Council placed Mr R in Mr X’s care home in 2019. The contract between the two parties provided details of the amount the Council would pay for Mr R’s placement.
8. Mr X complained the Council had failed to annually increase its rate since Mr R was placed in the home. As a result, the Council was paying around £550 a week for Mr R’s placement when the care home fee was now £925. Mr X said if the Council did not increase the amount it paid, he would have to terminate Mr R’s placement.
9. The Council responded and said it would not review the terms of its contract with Mr X. It reminded him that the contract said a placement could not be terminated on the basis of the fees paid by the Council. If Mr X did so, he would be in breach of the agreement.
10. We will not investigate this complaint. Mr X has been aware of the amount paid by the Council since 2019. It was open to him to complain to the Council and then to us in 2020, or subsequent years, when there was no review or increase in the fees. I can see no good reason why he could not have come to us sooner.
11. But in any case, we would not investigate this complaint. Mr X signed the contract with the Council. If he was unhappy with the amount the Council had agreed to pay or any other terms, he could have refused to accept Mr R or challenged the contract. If Mr X believes the contract is unfair he can complain to the Competition and Markets Authority or challenge the terms of the contract in court.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because it is late. Furthermore, his complaint would be best dealt with by the Competition and Markets Authority or the courts.

Back to top

Investigator's decision on behalf of the Ombudsman