Summary: We will not investigate Mr X’s complaint about the Council charging his grandmother for her care placement. This is because there is insufficient evidence of fault. In addition, the claimed fault has not caused any significant injustice.

The complaint

1. Mr X complains the Council has charged his grandmother for her care placement. He says he was told it would be free until decision was made about whether the placement should be full time.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In February 2024, a best interest decision was made for Mr X’s grandmother, Ms Z, to move into a long-term residential placement. The Council case records noted it spoke with Mr X to confirm this had been agreed and that a financial assessment would be completed. The Council also agreed for Mr X to hold his grandmother’s tenancy until a decision was made about the care placement.
6. Ms Z moved into a care home in mid-February 2024. A review of the placement was completed in April 2024 and this determined Ms Z would live in the care home permanently. The Council’s case records detailed it discussed the financial assessment with Mr X.
7. At the end of April 2024, the Council gave notice to Ms Z’s landlord to end her tenancy.
8. The Council completed a financial assessment in May 2024. This assessment did not consider Ms Z’s housing expenses. However, the Council completed another financial assessment in November 2024 which did disregard her housing expenses. This was appropriate given it was the Council’s decision for Ms Z’s tenancy to be held until a decision was made on whether to make the care home placement permanent.
9. An investigation is not justified because we are not likely to find fault. It is acknowledged Mr X said the Council told him the placement would be free. However, there is no other supporting evidence to suggest the Council told Mr X this.
10. In addition, there is evidence to show the Council told Mr X that it would completed a financial assessment for his grandmother. Therefore, I am satisfied the Council provided Mr X with appropriate information to help him understand the placement would be chargeable.
11. It is likely we would have found fault with the Council for failing to take into account Ms Z’s housing expenses in the first financial assessment. However, the Council has appropriately remedied this by completed another financial assessment. The Council has now appropriately disregarded Ms Z’s housing expenses, which has lowered her assessed charges. An investigation would not lead to any further outcomes.
12. Finally, I am satisfied the claimed fault has not caused Ms Z any significant injustice. This is because the Council is allowed to charge individuals for the cost of their care and support. If the claimed fault had not occurred, i.e. that Mr X wasn’t told the placement would be free for a period, then it would be the case Ms Z would need to pay her assessed charges. This is the same position she is still in. Therefore, an investigation is not justified.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, the claimed fault has not caused any significant injustice.

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Investigator's decision on behalf of the Ombudsman