The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to pay for residents care home placements. This is because the Council has confirmed it has paid for placements it contracts with the Care Provider up to October 2022. There is no injustice to residents in the home warranting an Ombudsman investigation.
The complaint
Mrs B says the Council has failed to pay for residential placements it contracts with them to provide care to residents on its behalf. Mrs B says the Council says it will look into the matter but then fails to follow it up. Mrs B says they have to chase the Council for money it should pay routinely and its failure to do so places residents at risk of eviction.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot investigate a complaint if it is about certain types of commercial transactions. (Local Government Act 1974, Schedule 5/5a, paragraph 3, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says it was working with the Care Provider regarding concerns about outstanding invoices for residents residing in the homes earlier in the year. It says its payment system shows all homes are paid up to 16 October 2022. It confirmed it pays four weeks in arrears. It says it will contact the Care Provider to request an up-to-date list in order to clarify any outstanding matters.
We would not normally investigate matters about contractual matters but in cases where the Council’s failure to pay for placements it contracts with a Care Provider places a resident in jeopardy and puts them at risk of eviction, we may consider it further. However, in this case the Council has confirmed there are no outstanding payments owed and agreed to clarify this with the Care Provider. The Council’s actions have not caused residents in the homes a significant enough injustice to warrant an Ombudsman investigation.
Final decision
We will not investigate Mrs B’s complaint because there is no injustice to residents in the home warranting an Ombudsman investigation.
Investigator's decision on behalf of the Ombudsman