Summary: We will not investigate this complaint about contribution to the costs of adult social care. Although there is an impact on the complainant from a change of policy, it is unlikely we would find that impact is caused by Council fault. There is not enough evidence of fault to justify investigating, and it is unlikely we would reach a different outcome.

The complaint

1. Ms B says her contribution to adult social care is unaffordable after a change in council policy. This causes stress and financial hardship which impacts Ms B’s health condition.

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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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. Councils must assess and meet eligible care needs of adults living in its area in need of care and support. Where a council is meeting eligible care and support needs it must assess what, if anything, the person can pay for that support. Councils follow rules set by government and their own policies on charging for care.
7. The Council’s policy for charging for adult social care was previously more generous than set by government rules. In December 2022 the Council decided to change its policy, it wrote to Ms B to tell her of the changes. The Council decided to allow people a year to prepare for the change, so did not introduce the change until December 2023. The Council wrote again to Ms B in November 2023 to remind her.
8. The Council then applied the changes and did a new financial assessment for Ms B. This meant Ms B’s contribution to her care support increased by £185 a week. This obviously came as a shock to Ms B and affects her household budgeting.
9. While I understand the impact on Ms B, I cannot say it is caused by Council fault. The Council followed the correct process to change its policy and did not apply it for a further year. The Council has assessed Ms B’s ability to contribute to her care support following government guidelines and its own policy. So, despite what Ms B tells us about the impact on her, we cannot question or criticise the Council’s decision.

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Final decision

10. We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council. It is unlikely an Ombudsman investigation would add to the Council’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman