The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council charged the complainant for care while she was in hospital. This is because there is no evidence off fault.
The complaint
The complainant, who I will call Mrs X, complains about charges she received for care while she was in hospital. She says she was not made aware that she would be eligible for charges when in hospital and wants the charges cancelled.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X pays a contribution towards her care. She complains that she has been charged for the contribution for a period when she was in hospital. She says she was not made aware of this.
Council’s policy states that care contributions will need to be paid even if the service is not used for a period, of example if someone is in hospital. This policy is included on the Council’s website and on leaflets sent to those paying for their care.
I will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council. The Council’s policy is clear and it has provided case notes that show that care fees were discussed and that a leaflet detailing the arrangements was sent to Mrs X, a subsequent assessment recorded that Mrs X had confirmed she had received the leaflet. I am therefore satisfied that the Council properly communicated its policy to Mrs X and therefore cannot question its decision not to refund the charges for when she was in hospital.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman