The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about adult care charges. This is because there is not enough evidence of fault to justify investigating.
The complaint
Mr X complains the Council failed to tell him he would need to pay towards his short-term care. He also says the Council did nothing for several months to find him a permanent housing solution. Mr X says this caused him stress because of the amount owed. He wants the Council to write off the charges.
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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council failed to tell him he would need to contribute towards the cost of his short-term care. The evidence provided shows the Council properly assessed Mr X’s finances. It explained to Mr X both verbally and in writing that care charges would apply and that he may need to make a financial contribution. On this basis, there is not enough evidence of fault in the way the Council informed Mr X about care charges to justify an investigation.
Mr X was concerned about his ability to repay the charges. The Council told Mr X it was willing to agree a repayment arrangement and support him through a payment plan.
Mr X also complained the Council did nothing to secure a permanent housing solution. The Council explained, at the time, Mr X had no access to funds or financial information. Because of this, it could not progress longer-term housing options immediately. Instead, it arranged short-term care accommodation while it considered longer-term solutions.
After moving into the care home, Mr X made a homelessness application under the Housing Act. If Mr X is unhappy with how the application was dealt with, he can make a separate complaint to the Council. He can return to the Ombudsman if he is unhappy once he has received the Council’s response.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman