Summary: We will not investigate Mr X’s complaint about the Council not having a contractual relationship with a care home and of refusing to pay the care home’s increased care charges. This is because we do not have appropriate consent for the care provider to make this complaint on behalf of its residents. In addition, there is another body better placed to consider the complaint.

The complaint

1. Mr X is a director of a care home which has residents funded by the Council. Mr X says the Council does not have a contractual relationship with the home and that this is unlawful. He also complains the Council has refused to pay the care charge increases and that this is causing distress to the residents.

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The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
3. 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 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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X is a director of a care home which has residents funded by the Council. Mr X complains the Council does not have a contractual relationship with the care home and that the Council has refused to pay the care home’s increased care charges.
7. The claimed injustice of the alleged fault is to the residents. Mr X claims the residents are being caused distress at the prospect of being removed from the home. While it would be the care home’s decision to end the placement for the affected residents, it is clear the care home is arguing this is a consequence of the Council’s refusal to agree to its increase charges and to enter a contractual relationship with the care home.
8. Therefore, for us to investigate this complaint, we would need authorisation from the affected residents for the care provider to act as a representative to them. Alternatively, the affected residents themselves can bring the complaint to us.
9. As we do not have appropriate consent for the care provider to make this complaint on behalf of the residents, we cannot investigate the complaint.
10. Even if the care provider were to obtain consent from the affected residents, this is not a complaint we would investigate. This is because we are not likely to be able to achieve any worthwhile outcomes given the opposing legal opinions on the matter. Instead, the Courts would be better placed to consider the matter.

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Final decision

11. We will not investigate Mr X’s complaint because we do not have appropriate consent for the care provider to make this complaint on behalf of its residents. In addition, there is another body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman