London Borough of Hounslow (23 007 244)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 01 Oct 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council failing to tell Mr X he would be charged for the care and support services he received. This is because there is insufficient evidence of fault.

The complaint

  1. Mr X complains the Council failed to tell him he would be charged for the care and support services he received.

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The Ombudsman’s role and powers

  1. We investigate 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X was discharged from the hospital in August 2022, with a package of care. This care package was funded under the discharge to assess pathway.
  2. In September 2022, the care services Mr X received changed and became chargeable. A financial assessment form was sent to Mr X, which Mr X signed in October 2022. This form clearly noted that all care and support services provided by the Council are chargeable and that the purpose of completing the financial assessment form was to determine the amount to be paid.
  3. A supplementary financial assessment form was also sent to Mr X in November 2022. This form again repeats the information about care services being chargeable. The accompanying letter also reiterated that those receiving care and support services from the Council are financial assessed to establish the contribution they need to make towards the cost of the services.
  4. Therefore, an investigation is not justified as we are unlikely to find fault. This is because the Council did provide Mr X with information that the care and support services he received was chargeable and that a financial assessment would be completed to work out how much he would need to contribute.

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Final decision

  1. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman

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