The Ombudsman's final decision
Summary: We will not investigate this complaint about the standard of care provided to Mrs X’s late husband and of the Council charging for the cost of his care. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mrs X complains about the standard of care provided to her late husband by his domiciliary care provider. She says the carers regularly attended calls late and that she had to provide most of the care and support herself. She says the Council invoiced her for the care, but she feels she should only pay half as her husband only received half the care he was supposed to.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s husband received care and support at home.
The Council said the care provider’s records showed most care calls were made within the allocated time slot. The Council explained to Mrs X it allowed some leeway for the arrival time of the carers as there might be occasions where carers are delayed due to unforeseen circumstances.
The Council also noted the records showed there were occasions where Mrs X declined the care visit as she had already provided the care and support to her husband. Therefore, there is no evidence of fault in the care provided to Mrs X’s husband.
The Council confirmed it reviewed Mrs X’s husband’s care and support plan each time she raised concerns about the care. The Council also told Mrs X of the option to receive direct payments so she could purchase her own care package for her husband with an alternative provider.
There is no fault in the Council invoicing for payment. This is because the Council is entitled to charge Mrs X’s husband as it has assessed him as needing to contribute towards the cost of his care and care was provided to him.
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