Summary: We will not investigate Mr X’s complaint about how the Council has responded to his concerns about a care home. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained about the Care Home where his sister, Ms Y lives. He is unhappy with how it asks for money for Ms Y’s expenses. Mr X wants the Care Home to invoice him monthly for any money owed by Ms Y.
2. Mr X said the Council did not respond to his complaint about the Care Homes communication with him. He said he lost confidence with the Council to deal with his concerns, so withdrew his complaint.
3. Mr X also complained the Council and Care Home had not involved him in decisions about Ms Y’s health.

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The Ombudsman’s role and powers

4. 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:
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has Lasting Power of Attorney for Ms Y and manages her finances for her. Mr X complained to the Council about how the Care Home asked for money. He said it had agreed to send him monthly invoices but had failed to do that. He said the Care Home had subsequently emailed Mr X about an overspend in Ms Y’s personal allowance. It asked him to pay the money owed, otherwise Ms Y could not take part in activities arranged by the Care Home. The Council did not provide Mr X a formal response and he withdrew his complaint.
8. Although there are failings in the Council’s complaint handling, we will not investigate this complaint. The Council has recently sent Mr X an email explaining the Care Home needs a float to buy everyday items for Ms X such as clothes, or having her hair done. It has explained it is not reasonable for the Care Home to purchase items for Miss X out of its own funds and then invoice Mr X for its expenditure. Although Mr X may disagree, it is a view the Care Home and Council are entitled to take.
9. The Council recognised that on two occasions the Care Home had not sent Mr X a receipt for items. It said it had reminded it to do that in future. Further investigation by the Ombudsman will not lead to a different outcome.
10. Mr X also complains he is not involved in decisions around Ms Y’s health and wellbeing. Mr X needs to exhaust the Council’s complaint procedure before we will consider this complaint.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman