The Ombudsman's final decision
Summary: We have found no fault with the Council’s actions in relation to Mr X’s mother’s care or how it communicated its charging policy.
The complaint
Mr X complained on behalf of his late mother, Mrs Y.
He complained the Council failed to communicate about Mrs Y’s care home funding before she moved care homes.
The Ombudsman’s role and powers
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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) Part 3 and Part 3A of the Local Government Act 1974 give us our powers to investigate adult social care complaints. Part 3 is for complaints where local councils provide services themselves. It also applies where a council arranges or commissions care services from a provider, even if the council charges the person receiving the care. In these cases, we treat the provider’s actions as if they were council actions. (Part 3 and Part 3A Local Government Act 1974; section 25(6) & (7) of the Act) 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)
How I considered this complaint
I considered Mr X’s complaint and spoke to him about it.
I have also considered the Council’s response to Mr X and the care notes related to this case.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
What happened In August Mrs Y was discharged from hospital to Sandford Station care home. This was a short term placement while the Council assessed Mrs Y’s needs. The Council assessed Mrs Y as having full capacity. Mrs Y was keen to move back home but accepted she needed extra help and that a care home placement might be better.
The Council discussed its charging policy which Mrs Y understood and accepted. Mrs Y agreed for the information around financial charging and her care plan being discussed with her children.
In early September, the Council discussed the plans for a fixed term contract placement with Mrs Y’s daughter as Mr X was away. The Council discussed the charging policy and advised the Council would be in touch about available placements. Mrs Y’s daughter was happy with what was discussed and said she would pass on the information to her brother, Mr X.
A few days later, the Council discussed a potential placement: Dewdown House care home with Mrs Y’s daughter. She agreed this was suitable. Mrs Y moved to Dewdown House on 16 September 2021.
On 27 September, Mrs Y was distressed and was seen by a doctor. Mrs Y expressed she was very unhappy and wanted to move home. The Council agreed to undertake an urgent review to support Mrs Y. The next day, Mr X rang the Council to request that Mrs Y be moved back to Sandford Station.
The Council explained that Mrs Y could not move back to Sandford Station as it was a Pathway 3 bed which people are discharged to from hospital and funded by the NHS. As soon as Mrs Y was assessed, she was moved to a residential bed to reflect her care and support needs. The Council also discussed Mrs Y’s contributions that need to be paid for Dewdown House.
Over the following three weeks, Mr X and the Council were in regular contact to discuss Mrs Y’s health and care needs. The Council also met with Mrs Y to assess her and discuss what she wanted. Mrs Y decided she would like to remain at Dewdown House until she had further medical reviews. Mr X was unhappy with this outcome and disputed the Council’s discussions with his mother. The Council agreed to meet with Mr X, Mrs Y and Mrs Y’s daughter the next day.
At the meeting, Mrs Y said that she wanted to move placements. The Council discussed placements available and what kind of care Mrs Y could expect to receive. Mr X asked again about Sandford Station. The Council explained that the placement there was a nursing placement and Mrs Y did not present with nursing needs at that time.
Following the meeting, the Council provided Mr X with a list of potential placements for Mrs Y. Mr X said none of these were suitable. He said he had spoken to Sandford Station, and they had a vacant room and would like to see Mrs Y’s care plan and assessment. The Council spoke to Sandford Station to explain Mrs Y needed a residential placement not nursing. Sandford Station confirmed they would not take the residential rate but would look at Mrs Y’s care plan as the family had requested.
Sadly, Mrs Y passed away the next day.
My findings
From the evidence I have seen, it is clear that this was an extremely upsetting and stressful time for Mrs Y and her family. However, I have found no fault on the part of the Council or the care provider.
The placement at Sandford Station was a short term one which was paid for by the NHS. The Council discussed the financial charging for any future care placements with Mrs Y who was deemed as having capacity at that time. This was also discussed with Mrs Y’s daughter and Mr X.
Mr X was unhappy that the decision to move Mrs Y to Dewdown House was made by Mrs Y and his sister whilst he was away. However, Mrs Y had agreed that her care plan and finances could be discussed with her children, not just Mr X, so I have found no fault here.
From the evidence I have seen, the Council communicated with Mrs Y and her family regularly between August and October 2021. Mrs Y’s needs, options, placements and charging were discussed. The Council took action when Mrs Y expressed she wanted to move care homes. Unfortunately, Mrs Y passed away before the situation could be resolved.
I can understand why Mr X believes the situation contributed to Mrs Y’s death. However, I have seen no evidence of this.
I can also understand the distress the situation caused Mr X. However, there was no fault on the part of the Council which caused this situation.
Final decision
I have completed my investigation. I have found no fault with the Council’s actions in relation to Mrs Y’s care needs and financial charging.
Investigator's decision on behalf of the Ombudsman