Summary: We will not investigate Ms X’s complaint about care charges for her late relative, Ms Y’s residential care. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about the Council’s charges for her late relative, Ms Y’s, residential care. She says the Council should provide financial support for the costs of care and it should not have included Ms Y’s home in the financial assessment. She wants the Council to write off the outstanding care charges.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Where a council arranges for a person to enter a care home permanently, it must complete a financial assessment. The financial assessment will look at a person’s assets, both capital and income, before deciding how much the person should pay towards the costs of their care. A person with assets above the upper capital limit, currently £23,250 will be deemed to be able to afford the full cost of their care. Where a person owns property, the value of this can be treated as capital as part of the financial assessment.
6. Ms Y moved into residential care in April 2023 and became a permanent resident in June 2023. The Council discussed the financial implications of this with her and the need for a financial assessment.
7. The Council completed the financial assessment in September 2023. It included the value of Ms Y’s property in its calculations and so assessed Ms Y as a full cost payer.
8. The Council sent the outcome of the financial assessment to Ms Y’s and Ms X’s relative, Mr Z, who supported Ms Y with her finances. This explained the results of the assessment and that Ms Y was responsible for the full costs of her care.
9. In October 2023, Mr Z received an invoice from the care home for part of the accrued care costs. He paid this invoice. After Ms Y died, the Council sent Mr Z an invoice for the outstanding care charges. Ms X and Mr Z do not feel they should have to pay this bill. Ms X says Ms Y’s mental capacity deteriorated prior to her death and she does not feel this has been taken into account.
10. We will not investigate this complaint as there is insufficient evidence of fault. Where a person moves into residential care, the law allows a council to include the value of property owned by that person as part of the financial assessment.
11. A person is presumed to have mental capacity unless it is shown otherwise. Council records indicate that at the time decisions were made, Ms Y was able understand information about care charges and to make informed decisions about her care. There is insufficient evidence of fault to warrant an investigation.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman