Summary: The Ombudsman will not investigate this complaint that the Council did not tell the complainant she would have to pay for her home care. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains that the Council did not tell her she would have to pay for her home care.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I read the Council’s notes of a visit to Mrs X and the financial assessment. I invited Mrs X to comment on a draft of this decision.

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What I found

Charging for home care

4. People who have savings, or capital, above £23,250 have to pay for their social care. Capital includes property that the person owns but does not live in.

What happened

5. Mrs X jointly owns two flats which she rents to tenants.
6. Mrs X asked the Council for help with domestic tasks that she struggles with due to health problems. The Council visited Mrs X on 30 May 2019. The officer assessed Mrs X’s needs and explained that she would have to make a contribution to the cost of the care. The Council agreed to do a financial assessment and sent information to Mrs X about financial assessments.
7. Mrs X started to receive help from 18 June. The cost was £37 a week.
8. The Council did a financial assessment on 12 August. Mrs X told the officer about the flats she owns and that she has £11,000 of savings. The Councils took the value of the flats into account, after disregarding the mortgage and her husband’s share in the properties. The Council decided the flats were worth £105,000. The Council told Mrs X she would have to pay for her care as she has capital of more than £23,250. Mrs X cancelled the care package on 12 August because she cannot afford to pay for it.
9. The Council sent Mrs X an invoice for £297 for the care she received from 18 June to 12 August. The Councils says Mrs X has not paid the invoice.
10. Mrs X says the Council did not tell her she would have to pay for the care and it took too longer to do the financial assessment. She says she cannot afford to pay for care.

Assessment

11. I will not start an investigation because there is insufficient evidence of fault by the Council.
12. Mrs X has capital above £23,250 so there is no suggestion of fault in the Council’s decision that she must pay the full cost of any social care she receives.
13. The Council gave information to Mrs X on 30 May about financial assessments. It also advised that, at the very least, she would have to make a contribution to the cost. It seems likely Mrs X received enough information, before the care started, to know she was likely to have to pay for her care due to her savings and property.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman