Summary: We will not investigate this complaint about adult social care fees. The Council has accepted fault and said what it will do to acknowledge the impact on the complainant. We are satisfied with the Council’s actions to put things right.

The complaint

1. Ms E says the Council made the wrong decisions about how much her husband, Mr F, must contribute toward his adult social care costs. This meant the couple had to make difficult decisions about their finances and has caused them much 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Since Ms E complained to the Ombudsman, the Council has responded to her directly. The Council has accepted fault and said what it will do to acknowledge the impact on Ms E and Mr F.

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Final decision

7. We will not investigate Ms E’s complaint because I am satisfied with the actions the Council has now taken. I consider it unlikely that an Ombudsman investigation would add to the Council’s investigation or reach a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman