Summary: Ms C complains the Council failed to properly advise her of residential care charges. The Council has accepted fault and agreed to apologise and waive an outstanding charge.

The complaint

1. Ms C complains the Council failed to advise her there was a charge for respite services, at Chatsworth Lodge Care Home, owned by Orchard Care Homes, the “Care Provider” for her father, Mr D which has resulted in a debt of over £1000. Mr D has since died and the family says they are not liable for the charge and there are inadequate funds from the estate to pay the charge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke with Ms C and considered information she sent and the complaint response. I considered:-
1. Care Act 2014 and the associated Care and Support Statutory Guidance; and,
2. Council’s response to my enquiries which included care records.
5. Ms C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What should have happened

6. A temporary resident is someone admitted to a care or nursing home where the agreed plan is for it to last for a limited period, such as respite care, or there is doubt a permanent admission is required.
7. A council can choose whether to charge a person where it is arranging to meet their needs. In the case of a short-term resident in a care home, the council has discretion to assess and charge as if the person were having their needs met other than by providing accommodation in a care home. Once a council has decided to charge a person, and it has been agreed they are a temporary resident, it must complete the financial assessment in line with the Care and Support (Charging and Assessment of Resources) Regulations 2014 and the Care and Support Statutory Guidance.

What happened

8. Mr D went into urgent respite care in November 2023. Before Mr D entered the care home case records evidence three occasions when officers told Ms C there was a financial contribution towards the respite care. When Mr D entered the care home the contract signed said Mr D had a nil contribution towards his care. This was an error. The Council says the care home should not have asked Mr D to sign the contract.
9. Mr D died in January 2024. Shortly after his death the Council sent an invoice for Mr D’s contribution towards care fees.

Was there fault causing injustice?

10. Although the Council told Ms C about care costs it failed to put this in writing and advise her about the exact cost. While I understand the respite care was an emergency measure the only formal notice of the charge was after Mr D had died and nearly two months after he moved in. This is not in line with the Care and Support Statutory Guidance and is fault.
11. The Council accepts the contract signed was contradictory, and should not have been completed by the care home. In response to my enquiries the Council agreed to apologise to Ms C, waive the outstanding arrears and arrange a meeting with the Care Provider and the contracts manager to ensure this does not reoccur.
12. The Ombudsman welcomes early acceptance of fault. I consider the proposed actions are suitable to remedy this complaint.

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Agreed action

13. When a council commissions or arranges for another organisation to provide services we treat actions taken by or on behalf of that organisation as actions taken on behalf of the council and in the exercise of the council’s functions. Where we find fault with the actions of the service provider, we can make recommendations to the Council alone.
14. Within one month the Council will complete the actions it has agreed to take at paragraph 11. These are to apologise to Ms C, waive the outstanding arrears, and arrange a meeting with the Care Provider and the contracts manager about completing contracts.
15. Within two months the Council will consider whether this is an isolated incident or whether it needs to take further action to remind service providers about the completion of contracts.
16. The Council should provide us with evidence it has complied with the above actions.

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Final decision

17. I have now ended my investigation and closed the complaint based on the agreed actions.
18. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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Investigator's decision on behalf of the Ombudsman