Summary: We will not investigate this complaint about paying for adult social care. This is because there is not enough evidence of fault by the Council. It has followed the correct process to decide how much the client can contribute toward their care support, including considering the extra costs they have because of their disability.

The complaint

1. Mr C does not agree with the Council’s assessment that his son, Mr D, should contribute toward the cost of his care. Mr C says Mr D’s outgoings are high each month because of his disability, especially for the costs of extra washing and drying of clothes and buying new clothes each month. Mr C says Mr D cannot afford to pay for his care.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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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. When the Council assesses someone in its area needs care support, it must also assess what, if anything, the person can afford to contribute towards their care. The Council follows government rules and guidance, as well as its own policy, on how to complete that assessment.
6. Part of this assessment looks at the persons Disability Related Expenditure (DRE). These are extra costs that someone might have because of their disability.
7. The Council has considered all DRE Mr D has claimed and has given allowances for this which has reduced how much Mr D must contribute toward his care support. The Council has allowed money for extra laundry and purchase of clothes, because it accepts Mr D’s costs in these areas are higher than the average.

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Final decision

8. We will not investigate Mr C’s complaint because there is not enough evidence of fault. The Council has completed its assessment following law and guidance. The Council has accounted for the extra costs Mr D has because of his disability. The Ombudsman could not add to the Council’s investigation or reach a different outcome, even though Mr C strongly disagrees with the Council’s assessment.

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Investigator's decision on behalf of the Ombudsman