Summary: We will not investigate Mr X’s complaint about the Council’s response to his request for care and support. This is because there is not enough evidence of fault in the Council’s actions and further investigation would not lead to different outcome.

The complaint

1. Mr X complained about how the Council responded to his request for care and support. He says the Council were unhelpful and obstructive and he does not agree he should have to contribute to the cost of 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
• 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 spoke to Mr X about his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X told me he had asked the Council to cancel his care package in late November 2023. He said he did not agree he should be asked to contribute to the cost of his care and had concerns about the standard of care he was receiving. He did not want the care reinstated at present but felt he may require care in the future. He said he felt the Council’s general attitude was unhelpful and obstructive and he wanted the Council to improve its service.
7. We will not investigate this complaint. The law allows councils to charge for non-residential care, following an assessment of a person’s needs. The Council appropriately completed a financial assessment with Mr X to determine what he could afford to pay. Although Mr X disagrees he should have to contribute to the cost of care, councils are allowed to charge for this and so we could not criticise the Council for this decision. Mr X has now cancelled his care which was his choice to make.
8. The Council’s complaint response detailed Mr X’s contacts with the Council during 2023 and the support he had received. It explained how it had reached its decisions and accepted it could have communicated better on a couple of issues. We could not add to this response and further investigation would not lead to a different outcome.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s decision to charge Mr X for his care and further investigation by us would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman