Summary: We will not investigate Ms X’s complaint that the Council has refused to continue to fund her relative, Ms Y’s current care placement. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has refused to agree funding for her relative, Ms Y to remain in her current care home. She says Ms Y is happy and settled in her current placement and a move would cause her distress. She wants the Council to continue to fund Ms Y’s current placement.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In April 2024, Ms Y moved to a respite care bed in care home A. The Council told Ms X this was a temporary placement. It said it would review Ms Y’s long-term care needs to determine whether it could be made a permanent placement.
6. The Council completed the review. It decided Ms Y needed a 24-hour care placement but it could not continue to fund care home A due to budgetary constraints. It said another care home, care home B, had agreed it could meet Ms Y’s needs and had offered Ms Y a place. It said care home B was the Council’s approved placement to meet Ms Y’s long-term needs.
7. We will not investigate this complaint. The Council has a duty to meet Ms Y’s care and support needs but can consider its own finances and budgetary position as part of its decision making. The Council told Ms X care home A was a temporary placement and has offered Ms Y a long-term placement that can meet her needs. Although I accept Ms X disagrees with this decision, there is insufficient evidence of fault to warrant an investigation.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman