Summary: We will not investigate this complaint about the Council’s alleged failure to inform Mrs Y that a temporary placement for her father Mr X would be chargeable. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs Y complained the Council failed to inform her that a temporary care placement for her father Mr X would be chargeable.
2. Mrs Y says she has been caused distress by the Council’s actions.

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The Ombudsman’s role and powers

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

(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 Mrs Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is elderly and suffers with several health problems which effect his mobility and cognition. Mrs Y is Mr X’s representative.
7. In July 22 Mr X was admitted to hospital after suffering a fall. The hospital assessed Mr X for continuing health care funding, which would allow Mr X a period of free care but determine he was not eligible for this.
8. The Council received a financial assessment referral from the hospital regarding a temporary placement for Mr X at a care home. The Council’s assessment notes show it discussed the assessment with Mrs Y and sent her a letter informing her of the contribution Mr X would have to make towards his care as he was a self-funder.
9. Mrs Y is unhappy with the Council’s actions and wants us to find it at fault. The evidence shows the Council made Mrs Y aware it was carrying out a financial assessment with the purpose of calculating how much Mr X would need to pay towards his care. There is no evidence the Council misled Mrs Y or that the amount due has been miscalculated.

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Final decision

10. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman