on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.
Category : Adult care services > Charging Decision : Closed after initial enquiries Decision date : 18 Feb 2026
The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that the Council is wrong to refuse to treat the care she receives at night as a Disability Related Expense (DRE). This is because there is not enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
Miss X complains the Council was wrong to refuse to treat the care she receives at night as a Disability Related Expense (DRE). She says the medical evidence shows she needs care at night otherwise she is at risk of falls or injury.
She complains the care suggested by the Council does not meet her needs or take her medical evidence into account.
Miss X said the Council’s decision means she has had to pay privately for essential nighttime support.
The Ombudsman’s role and powers
We investigate 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 continue 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))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X said the Council refused to include the care she receives at night as a DRE. She said she needs care and support at night, and she has had to pay for it herself because of the Council’s decision.
However, we will not investigate her complaint because there is not enough evidence of fault to question the outcome or merits of the Council’s decision to exclude her nighttime care as a DRE.
The Council accepted that it was required to consider DRE’s in line with the Care Act 2014 and its Statutory Guidance, particularly Annex C.
It explained that Annex C states that although reasonable additional costs due to disability should be considered, these must relate to needs identified in her Care and Support plan.
Miss X’s most recent care assessment concluded that she does not require care at night to meet her needs, and that there were alternative options available.
The Council also acknowledged Miss X’s medical evidence and explained that it is required to base its care and financial decisions on the needs recorded in her Care and Support plan.
We note the Council advised Miss X that she can ask for a reassessment if her needs or circumstances change.
We are not an appeal body, and we cannot question the merits or outcome of a decision made by the Council if it has decided properly or followed the correct procedure.
There is not enough evidence of fault with the Council’s actions or decision and so we will not investigate Miss X’s complaint.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify a further investigation by us.
Investigator's decision on behalf of the Ombudsman