The Ombudsman's final decision
Summary: We will not investigate this complaint about a discrepancy in funding for Mrs X’s late mother’s care. This is because the alleged fault would not have caused any injustice to Mrs X or her late mother.
The complaint
Mrs X complains about a discrepancy in funding for her late mother’s care. She says the amount paid to the care home from the Council is different to the amount shown on the contract.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X mother received care and support in a care home. The cost of her placement was just under £800 per week. She paid a contribution of just over £280 per week towards the cost of her care and the Council funded the rest.
We previously investigated a complaint by Mrs X around how funded nursing payments were used to reduce the Council’s share of payments, rather than her mothers. We did not find fault with the Council.
There is no dispute that Mrs X’s mother must pay her assessed contributions towards the cost of her care. Therefore, even if there is a discrepancy in the amount the Council paid to the care home, this did not impact on Mrs X or her mother as her contributions would remain unchanged.
Final decision
We will not investigate Mrs X’s complaint because the alleged fault would not have caused any injustice to her or her late mother.
Investigator's decision on behalf of the Ombudsman