Summary: Mrs X’s brother, Mr Y, lived in a residential home. The care provider had financial policies which the Council said were not acceptable. Mrs X complains the Council should have been aware of the internal policy of the care provider. She also complains the Council has not taken any action to review the financial policies of its other commissioned care providers. The Ombudsman does not find fault with the Council’s actions.

The complaint

1. The Council commissioned a care provider to care for Mrs X’s brother in law, Mr Y. Mrs X says the care provider had financial policies which the Council has now agreed are not acceptable. Mrs X complains the Council should have been aware of the policy and should not have commissioned the care provider. Mrs X also complains:

• The Council has not taken any action to review the financial policies of its other commissioned care providers.
• The Council has not completed a social care review for Mr Y. The Council said one would be scheduled within three months of its July 2019 complaint response.

2. Mrs X represents Mr Y.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I spoke with Mrs X and considered the information she provided.
6. I made enquiries with the Council and considered the information it provided.
7. I sent a draft decision to Mrs X and the Council and considered their comments.

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What I found

Background

8. The Council has assessed Mr Y as having eligible care needs. Under the Care Act 2014, the Council had a duty to meet these eligible needs.
9. The Council commissioned a residential home, the care provider, to provide care to meet Mr Y’s eligible needs. Mr X moved into his residential home in March 2016.

What happened

10. In August 2018, Mrs X raised a safeguarding concern about Mr Y’s finances. Mrs X said Mr Y was paying for staff food expenses when they were supporting him out in the community. This was part of the care provider’s financial policy.
11. The Council completed a safeguarding investigation into the concerns. The Council ended its investigation in December 2018. The Council found the care provider should not have charged Mr Y for staff food expenses and that this practice was incompatible with the Council’s contract with the provider. The Council secured an appropriate remedy for Mr Y to address the fault.
12. The Council explained all placements made within residential homes are under the provisions of a pre-placement contact (PPC). The PCC includes a clause which sets out what service users can be charged for. The contract notes that charges for other services, which do not fall within the services provided under the individual package of care, cannot be charged to the service user without prior written consent of the service user. The Council must also be kept updated.
13. The Council confirmed its position was that adults should not be using their own money to pay for food, drink, or anything else for carers either in or out of the home. The Council accepted there may be some exceptions to this which would require discussion.
14. Mrs X said the Council should not have commissioned the care provider because of its financial policy. The Council said it had not been aware of the care provider’s policy/practice at the time the care was commissioned.
15. The Council said it expected care providers to adhere to the Council’s contracts. The Council said it was looking to update its contract to reinforce its position around food and expenses incurred by staff supporting the service user in the community.
16. Mrs X also complained the Council had not taken any action to review the financial policies of other commissioned care providers. The Council said its contracts department and quality improvement team regularly review provider’s internal policies.
17. The Council said it would complete a care review for Mr Y within three months of its complaint response (July 2019). Mrs X said the Council had not completed the care review. The Council said it completed the care review in September 2019.

Analysis

18. The Council’s duty was to meet Mr Y’s eligible care needs. The Council did this as it arranged a residential home for Mr Y. The Council had a contract with the care provider, which the care provider signed and agreed to.
19. In this case, the Council has addressed charges for services within its contract with the service provider. The contract stated that any charges for services outside of the individual package of care should be agreed with the service user.
20. The care home’s internal financial policy was irrelevant in this case because it is the Council’s own contract for services that applies. The Council recognised this and took appropriate action when it became aware the care provider was acting outside the contract.
21. Therefore, there is no need for the Council to review internal financial policies of care providers because it can rely on the terms of its contract to ensure care providers act appropriately. I therefore do not find fault with the Council.
22. I also do not find fault with the Council for not reviewing the financial policies of its other commissioned care providers. This is because, again, it is the Council’s own contract for services that applies.
23. Finally, the evidence suggests the Council completed a care needs review in September 2019. This was within the three-month timescale set out within the Council’s complaint response. Therefore, I do not find fault with the Council’s actions.

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Final decision

24. I find no fault with the Council’s actions. I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman