Summary: We will not investigate Ms B’s complaint about lack of communication from the Council regarding her mother’s, Mrs C’s, care charges. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Ms B complained the Council did not fully explain the process regarding financial assessments, or explain that she, as her mother’s, Mrs C’s, representative had to call them to advise them Mrs C was receiving Pension Credit. Ms B says she genuinely did not understand the process and believed departments spoke to each other. Ms B says councils should not keep quoting polices and if she knew Mrs C would have to pay for her care she would have cancelled it sooner. Ms B wants the Council to waive the invoice for £1,176.33.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms B contacted the Council in September 2021 and completed an online Pension Credit form on behalf of Mrs C. Case records state Ms B was advised this ‘may affect the charge, which is currently nil, which she understood’. It says ‘[Ms B] will notify me when a decision is received’. In April 2022 Ms B received notification that Mrs C will need to pay £115.40 a week from 17 January 2022 and from 11 April pay £119.15 a week.
6. Mrs B says she was unaware she had to inform the Council that Mrs C was in receipt of Pension Credit which affected her financial assessment resulting in her having to contribute towards her care costs. Ms B says she was under the impression departments would pass this information on to each other. However, Ms B completed financial assessments on behalf of Mrs C in 2019 and 2021 and received confirmation of a nil charge on those occasions. The letters state:

if your finances change in the meantime you must tell us because if you don’t you could get a large, backdated bill’.

7. Declaration A of the financial assessment form states:

I agree to notify [The Council] of any change in my financial circumstances and accept that this may result in a change to my financial assessment, which may be backdated to the date when the change took place, I also understand that [The Council] will charge me my assessed contribution (or the full cost) from the date any relevant care and support services started.

8. The Direct Payment Agreement signed by Ms B and Mrs C in July 2021 says:

I agree to let [The Council] know about any changes in my circumstances whether temporary or permanent, for example, changes in need, finances and any residential/nursing care or hospital stay, so that my contribution can be calculated correctly.

9. Paragraph 13.4 of the Council’s Charging policy says:

Service Users must notify the Council’s Adult Social Care Finance section of any change in benefit income as soon as they occur. The Service User’s financial assessment will then be reviewed to take into account the changes in benefit income; the revised calculation will be backdated to the start of the change in benefit payment or the date of the first financial assessment, whichever is the later.

10. While Ms B says she was unaware of the process it is clear from the correspondence she received from the Council regarding Mrs C’s financial assessment it was her responsibility to let it know of any changes to her finances. In this case it is unlikely an investigation by us would find evidence of fault with the process.

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Final decision

11. We will not investigate Ms B’s complaint because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman