Summary: We will not investigate this complaint about delays in financial assessment and delays in invoicing for adult social care. The Council accepts fault, has apologised, offered to pay £100, and offered a repayment plan for the debt if needed. We are satisfied with the actions the Council has taken to acknowledge the impact of its fault. It is unlikely an Ombudsman investigation would achieve anything further.

The complaint

1. Ms D says the Council delayed completing a financial assessment and delayed invoicing for her daughter, Ms E’s, adult social care. Ms D found it stressful and frustrating not knowing how much she would have to pay. Ms D wants the Council to improve its systems and communication, and to limit how far back it will backdate care 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:

• 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 a council assesses someone needs care and support, the Council should also assess what, if anything, the person can pay for that support. The relevant law and guidance do not specify a timescale for completing a financial assessment, most councils complete it after care services have started. The Ombudsman's interpretation of the law and guidance is that councils should complete financial assessments before it completes the persons care and support plan, and before care services begin (unless it is an emergency), so that people can make informed decisions about care and support.
7. The Council accepts it delayed completing Ms E’s financial assessment for three months and did not issue an invoice for a further three months. Ms D knew Ms E would need to pay something and was setting money aside. The Council has said if she cannot pay the debt in one go, it can arrange a repayment plan.
8. The Council accepts its delays have caused Ms D frustration, time, and trouble. The Council has apologised and offered Ms D £100 to acknowledge this impact.
9. I am satisfied with the Council’s proposed actions to acknowledge the impact of its fault. It is unlikely an Ombudsman investigation would achieve anything further for Ms D.
10. I do not consider the issues are evidence of a wider systemic issue that would justify an Ombudsman investigation. The Council should take learning from the complaint to improve its future service.

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Final decision

11. We will not investigate Ms D’s complaint because we are satisfied with the actions the Council has already taken to acknowledge the impact of its fault. It is unlikely an Ombudsman investigation would add to the Council’s investigation or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman