Council cleared over care home complaint

A complaint about Shropshire Council’s handling of a woman’s move to a care home has been thrown out.

The Local Government and Social Care Ombudsman has cleared the authority of any wrongdoing following a complaint from a member of the public.

The complainant, Mr B, lodged formal action against the council on behalf of his mother, Mrs C, who has since died.

He said his mother was not offered a suitable care home which fit their budget.

But the Ombudsman ruled in the council’s favour, saying it had offered sufficient options.

The ombudsman said: “The council has a duty to assess adults who have a need for care and support.

“If the needs assessment identifies eligible needs, the council will provide a support plan which outlines what services are required to meet the needs and a personal budget which calculates the costs of those services.

“The council will carry out a financial assessment to determine what a person’s income and capital is and what they should pay towards their care.

“If a person needs residential care and they own capital above the threshold of £23,250, they have to pay their own care home fees.

“When it has been decided that a person’s needs are best met in a care home, the council must ensure that at least one accommodation option is available within the person’s personal budget.

“However, a person can choose a more expensive care home if a third party or in certain circumstances the resident is willing and able to pay the additional cost (the top-up fee).”

It added: “Mrs C had medical and physical conditions which impacted on her ability to live independently. She lived at home with a package of care.

“She had the mental capacity to make decisions regarding her care and finances.

“Mrs C was admitted to hospital in January 2017 as her condition had deteriorated. On May 2, 2017, the social worker sent Mr B a list of eight care homes which had vacancies and which she said could meet Mrs C’s needs.

“This included care home one, where Mrs C was staying, which cost £965 per week plus £155 funded nursing care.

“The other homes ranged from £417 a week to £950. The second cheapest home was care home two which charged £435 a week and was in the same town as care home one.

“The social worker said that, if Mrs C wanted to stay at care home one, she would have to pay a top-up fee of £530 which was the difference between the fee at care home one, £965 and at care home two, £435.

“Mr B went to visit care home two and was told by the staff that there was one room that was empty.  He saw this room and said it was not suitable as it was on the top floor and had no en suite facilities.

“Mr B also dismissed most of the other care homes the social worker had suggested.”

Mr B complained to the council on the grounds that the council should waive the top-up fee as it did not offer Mrs C an alternative care home that would meet her needs.

He added that the other care homes the council suggested were all unsuitable as they were either too far and some were not up to good standards or needed improvement following a CQC inspection.

But Shropshire Council said the homes were suitable and work could be carried out on one room offered to accommodate a required hoist.

Ruling in favour of the council, the ombudsman concluded: “I find no evidence of fault in the council’s actions.

“The council had a duty to find a care home within Mrs C’s personal budget and it did so.”