Summary: We have discontinued our investigation into Mr X’s complaint about the Councils decision to recover the outstanding care fees for his relative Mr Y. The Council has offered to waive the outstanding care fees which remedies any injustice caused.

The complaint

1. Mr X complained about the Councils decision to recover outstanding fees for the care it commissioned for Mr Y. He said the care home failed to provide appropriate care for Mr Y, resulting in a safeguarding investigation.
2. Mr X wanted the Council to waive the outstanding care fees, not just those following the safeguarding referral. He also wanted the care home to make service improvements to ensure other residents did not experience similar issues.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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How I considered this complaint

5. I considered the documents provided by Mr X.
6. I considered Councils response to my enquiries.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

8. In July Mr Y went into a care home. Mr X and his family often visited Mr Y and were concerned about the quality of care the home provided.
9. Mr X and his mother reported the issues to the care home. After the care quality did not improve, Mr X made a safeguarding referral to the Council in December 2019. The Council started a safeguarding investigation, however, Mr Y died shortly after.
10. The following year, in January the Council contacted Mr X and asked him to settle the outstanding invoices for Mr Y’s care.
11. Mr X expressed his concerns about the Council’s decision to recover the cost of care and said the care Mr Y received in the care home was below the acceptable standard.
12. The Council decided not to charge for Mr Y’s care from the day Mr X made a safeguarding complaint but said Mr X would have to pay the outstanding fees for care provided before the safeguarding referral. In February the Council confirmed the outstanding balance amounted to £3,420.
13. In March the Council upheld the safeguarding complaint Mr X made in December 2019. It found Mr Y did not receive the standard of care he would have expected to receive. Mr X complained to the Council; he said he would not pay the outstanding care balance because the Council had confirmed the care was not up to standard.
14. The Council considered the complaint further but decided not to waive the charges.
15. In October 2020 Mr X complained to the Ombudsman about Council’s decision to recover fees for the care it commissioned for Mr Y. In response to my enquiries the Council offered to waive the outstanding care fees. It stated it had also suspended the contract with the care provider.

My findings

16. As the Council has offered to waive the outstanding care fees and has also suspended its contract with the care provider, there is nothing more we can achieve by investigating this complaint further. Therefore, I have discontinued my investigation.
17. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC) to decide if it needs further investigation about the quality of care provided to Mr Y.

Final decision

18. I have discontinued my investigation as the Council has offered a suitable remedy to Mr X.

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Investigator's decision on behalf of the Ombudsman