Summary: We will not investigate this complaint about delay in completing financial assessment for adult social care charges. The Council has apologised and waived a portion of the charges to acknowledge the impact of its delay. The charges are due regardless of the delay so we would not recommend the Council waives them all. We are satisfied with the Council’s actions and could achieve nothing further. The Council should allow a repayment plan of the remaining debt.

The complaint

1. Ms B says the Council failed to tell her it might backdate charges for her husband (Mr C’s) residential care, and so she would need to put money aside in case. The Council delayed completing the financial assessment, and so it was a shock to then get an invoice for over £4000 which Ms B says she cannot afford to pay. The Council said it was taking Ms B’s case to panel and was recommending writing off the charges. But when Ms B got the Council’s response to her complaint it had only written off around £1400. It has been very stressful coping with the decline in Mr C’s health and the changes to their living arrangements, so the Council’s failures have added extra stress.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. When the Council assesses someone needs adult social care, it must then assess what, if anything, the person can afford to pay for that care. There is no set timescale for the completion of this financial assessment, but the implication in the statutory guidance is that it is done alongside the care needs assessment. The Ombudsman would expect the Council to complete it within a month of the care needs assessment.
7. Mr C moved into residential care in December 2022. In January 2023 the Council had the information it needed to complete the financial assessment but did not complete it until September 2023. The Council accepts this delay and has apologised to Ms B.
8. Ms B knew Mr C would likely need to pay towards his care support and was paying a provisional amount until the Council completed the financial assessment to confirm the correct charge. However, Ms B did not realise the correct charge would be backdated, so it was a shock to receive an invoice in October 2023 for over £4000.
9. The Council accepts it did not say to Ms B she should set aside an amount to backpay any charges. But it sent Ms B written information confirming the financial contribution is payable from the date the care starts, and that the difference between the assessed charge and the provisional amount would be backdated to the date Mr C’s residential care started.
10. The assessed charges were always due, regardless of the Council’s delay in advising of them. But the delay means Ms B has received a large invoice rather than paying the bills monthly. To account for that the Council should allow Ms B a reasonable repayment plan to pay off the backdated charges.
11. I appreciate the Council got Ms B’s hopes up by sending an e-mail advising it recommended the charges should be waived. But it was clear this was going to a funding panel to decide and so was not guaranteed that would happen. The Ombudsman cannot say the Council must waive the charges based on that e-mail.
12. To acknowledge the impact of is delay the Council has waived over £1400 of care charges. It is unlikely that further investigation by the Ombudsman would achieve anything more than this.

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Final decision

13. We will not investigate Ms B’s complaint because we are satisfied with the Council’s actions in response to the complaint and it is unlikely the Ombudsman would achieve anything further. The Council should allow a repayment plan to pay off the debt.

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Investigator's decision on behalf of the Ombudsman