The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not completing a financial assessment properly and not offering a suitable care home placement. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mrs X complains the Council did not complete the financial assessment in line with the Care Act. She said this led to the family being forced to agree to pay a top up fee. She also complains the Council only offered care homes that were not suitable to meet her mother’s needs
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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council completed a care assessment for Mrs X’s mother, Mrs F. This determined Mrs F had care and support needs. Mrs X said the family decided these needs were best met in a care home.
The Council offered Mrs X three different care homes for Mrs F, including Care Home A. Mrs X said they considered the homes offered by the Council were unsuitable to meet Mrs F’s needs.
The Council considered the specific reasons provided by Mrs X for why they considered Care Home A to be unsuitable. However, the Council provided its reasons for why these did not affect its decision that Care Home A was suitable and could meet Mrs F’s needs. Care Home A was able to offer Mrs F a place for just under £1300 per week.
Mrs X said they wanted Mrs F to attend Care Home B. This was a care home they had found and considered suitable for Mrs F. The Council agreed to place Mrs F there but advised Mrs X the family would need to pay a top up fee. This is because a placement in Care Home B was more expensive than Care Home A.
I will not investigate this complaint as there is insufficient evidence of fault to justify an investigation. This is because the Council properly considered the specific reasons provided by Mrs X for why she considered Care Home A unsuitable and given its reasons for why it does not agree. As the Council considered all relevant information, it was entitled to make its decision.
Therefore, because the Council offered a care placement that could meet Mrs F’s needs, it was Mrs X’s choice to send Mrs F to a more expensive placement. As there is a difference in cost, the Council can charge a top up fee.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman