Summary: We will not investigate this complaint about how the Council handled Ms X’s care. This is because we could not achieve more than the action the Council has already taken to resolve the complaint.

The complaint

1. Mr Y complains for Ms X about how the Council managed the care it provided to her. Mr Y complains the Council provided only two weeks' notice of a large increase to Ms X’s care contributions, but needed four weeks’ notice to cancel the care. He says the care they provided was inadequate, the Council did not carry out financial assessments for over five years and took too long to deal with the complaint. Mr Y says he wants the Council to review its processes to avoid similar problems happening again. He would also like a written apology and compensation for his time and trouble.

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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 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 or continue an investigation if we decide we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. If we are satisfied with an organisation’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 considered information provided by Mr Y.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y raised some issues with the care the Council provided for Ms X, but not until after they learned her assessed contribution towards the cost was increasing significantly. The Council has reviewed the notes made by care workers and provided Mr Y with a detailed account of what the care worker did. It is clear the Council looked into the issues thoroughly and explained how it decided that it provided the correct care in line with Ms X’s care plan.
7. Mr Y complained the Council only gave two weeks' notice that Ms X’s contributions would increase. When Mr Y gave notice to the care provider, rather than the Council, to end the service as Ms X could not afford this, the provider believed it needed four weeks’ notice. It continued to send care workers until the Council cancelled the service soon after.
8. There was fault in the process here, which made it impossible for Ms X to avoid a period of unaffordable contributions. However, the Council accepted this was not fair and has not charged Ms X for contributions after the increase. It has also apologised for any delay in cancelling the service.
9. The Council has also reminded staff of the need for written notice and the correct period of one week for the service type. This will avoid a repeat of Ms X’s circumstances.
10. Mr Y also complained the Council had not reviewed Ms X’s finances for over five years. The Council has confirmed it reviewed finances yearly and the contribution increase was a result of such a review in 2023. It has also provided Mr Y with a financial assessment form to ask for a further review.
11. The Council mistakenly sent an invoice to Ms X for a time she was not receiving care. The Council apologised for its error and cancelled the invoice.
12. Although Mr Y is unhappy with the Council’s handling of his complaint, the Council provided a full response within five weeks. While this may have been frustrating, this timescale does not amount to a fault.
13. I recognise the Council or its service provider made errors which caused some upset, but it has taken steps to put Ms X in the correct position financially, and it has apologised. We would not expect it to do more than this so we cannot add to what the Council has done to resolve matters.

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Final decision

14. We will not investigate Ms X’s complaint because the Council has taken suitable action to resolve the complaint and we would be unlikely to achieve anything further by investigating.

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Investigator's decision on behalf of the Ombudsman