Summary: We will not investigate this complaint about administration charges for adult social care. This is because we are unlikely to find evidence of fault; the Council’s records show the charges were discussed and agreed.

The complaint

1. Mr B says the Council failed to answer questions or explain the administrative costs added to Ms C’s charges for adult social care. Mr B says if they had known of these costs, they would have arranged the care themselves and not incurred them, so want the Council to waive the administrative charges.

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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.

(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. Mr B is appointed by the Court of Protection as a deputy to manage Ms C’s finances. Mr B arranged a private care package for Ms C at her home, but after the care agency raised concerns Mr B contacted the Council for support as Ms C’s finances were reaching the upper capital limit set by government.
6. The Council completed an assessment of Ms C’s care and support needs and suggested she have another care call each day. Mr B requested this was from the existing care agency.
7. The Council arranged the extra care call. Because Ms C has funds over the upper capital limit the Council has charged an administration fee of £400 for arranging her care and an ongoing weekly charge.
8. Mr B says he did not find out about this until a few months later, and had he known he would have arranged the care himself.
9. The Council’s care records from the time show it discussed the administration charges with Mr B when it completed the assessment of Ms C’s care needs. The Council sent written confirmation within the care act assessment. Mr B told the Council if Ms C had to pay the set-up fees, then that is fine.

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Final decision

10. We will not investigate Mr B’s complaint because the Council’s records from the relevant time show it told Mr B of the administration charges and he agreed to them. There is not enough evidence of fault to justify an Ombudsman investigation. It is unlikely we could achieve the outcome Mr B wants of having these charges waived given the Council told Mr B about them before arranging the care.

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Investigator's decision on behalf of the Ombudsman