Summary: We will not investigate this complaint about the Council’s failure to assess the late Mr B or undertake a carers assessment for his daughter Ms C. This is because the Council has reassessed and reduced Mr B’s charges to incorporate the weekly rate of carers allowance Ms C could have claimed and paid her £500 for the distress time and trouble she has incurred. We are satisfied this remedies the injustice caused by the Council’s fault.

The complaint

1. Ms C complained the Council failed to assess her late father’s, Mr B’s, care needs following his discharge from hospital in August 2022. Ms C says she gave up her home and job to care for Mr B and was not offered a carer’s assessment. Ms C says Mr B was worried about finances, did not get advice about benefits he was entitled to and sometimes cancelled carers to save money. Ms C says the Council continued to send invoices for care after Mr B has passed away.

Back to top

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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council investigated Ms C’s complaint and upheld the majority of her complaints. It recommended a reduction in Mr B’s calculable care fees by way of his monthly Lifeline charge, between August 2022 and May 2023, at which time Mr B was awarded Continuing Health Care Funding. This amount covered the weekly rate of carer’s allowance Ms C could have claimed whilst caring for her father during this period. In addition, the Council agreed to pay Ms C £500 in recognition of the distress, time, and trouble she incurred.
6. The Council has confirmed it has actioned this remedy and will ensure the payment is made. We are satisfied this remedies any injustice caused to Ms C from the Council's failures.

Back to top

Final decision

7. We will not investigate Ms C’s complaint because we are satisfied the Council has remedied the injustice caused by the fault in this case.

Back to top

Investigator's decision on behalf of the Ombudsman