Summary: We have decided to close the investigation as nothing further can be achieved by further investigating. The Council has offered Ms B an assessment of her needs and offered to provide a support package to her if she has eligible needs. Ms B has declined these offers.

The complaint

1. Ms B says she has eligible needs for care and support and the Council has failed to offer support, despite repeated requests.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’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)

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How I considered this complaint

4. I have discussed the complaint with Ms B and I have considered the relevant documents, law, policies and guidance.

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What I found

Law, policies and guidance

5. The Care Act 2014, the Care and Support Statutory Guidance 2014 (updated 2017) and the Care and Support (Charging and Assessment of Resources) Regulations 2014 set out the Council’s duties towards adults who require care and support and its powers to charge. The Council also has its own policies.

Assessment, care plan and personal budget

6. 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 sets out the costs to meet the needs.

Financial assessment

7. Councils must carry out a financial assessment if they decide to charge for the care and support. This will assess the person’s capital and income.

Camden’s charging policy

8. Camden’s charging policy for non-residential care says:
• If a resident has capital over £23,250, they will have to pay the full cost of their support. The value of the home they own and live in, will not be included in the capital.
• If a resident chooses not to complete the financial declaration, they will have to pay the full cost of their support.

Ms B’s complaint

9. Ms B has diabetes and a visual impairment. It is my understanding that Ms B has the mental capacity to make decisions about her care and support and her finances.
10. The records show that the Council has offered Ms B a care assessment on three occasions, October 2020, February 2021 and September 2021. The Council said it would provide Ms B with a support package if she had eligible needs. The Council explained to Ms B that she would also need to cooperate with a financial assessment which would determine what her financial contribution would be to the care package.
11. Ms B told the Council she had savings over the threshold of £23,250 and did not want to provide her financial details. She told the Council she would rather make private arrangements for the care package.
12. Therefore, I have decided to close the investigation as nothing further can be achieved by additional enquiries. The Council has offered to assess Ms B’s needs for care and support and has offered to provide a package of support if she has eligible needs. Ms B can take up these offers at any time. Ms B may need to pay for these services, depending on the outcome of her financial assessment.

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Final decision

13. I have closed the investigation as the Council has offered Ms B an assessment of her needs.

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Investigator's decision on behalf of the Ombudsman