Summary: Ms X complained that the Council has not carried out its financial assessment for her father correctly. We found the Council is not at fault.

The complaint

1. Ms X is complaining the Council has carried out a financial assessment incorrectly, and that this has led to a situation where her father does not have enough money after paying his care contribution.
2. Specifically, she complains the Council has considered all the money in a joint account as his and has not considered his tax liabilities.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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

5. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
6. Ms X and the Council have had an opportunity to comment on a draft decision before I made this final decision.

What I found

Law, guidance and Council’s Policy

7. The Care Act 2014 sets out the approach to charging and financial assessment.
8. The capital limits, specified in regulations issued under the Care Act 2014, set the levels of capital (excluding any capital that has been disregarded) that a person can have while qualifying for financial support from their local authority.
9. The lower capital limit is £14,250 and upper capital limit is £23,250. A person with assets below the lower capital limit will pay only what they can afford from their income.
10. The Personal Expense Allowance (PEA) is the weekly amount that people receiving local authority-arranged care and support in a care home (residents) are assumed to need as a minimum for their personal expenses and local authorities must apply this.
11. It is intended to allow residents to have money for personal use. Based on a financial assessment of their resources, individuals must be left with the full value of their PEA. It is then up to them to determine how they spend it.
12. PEA for local authority supported care home residents is currently £24.90 per week.
13. The Council’s Charging Policy says If the value of a person’s combined qualifying capital is below the lower capital limit, their capital is disregarded in their financial assessment.
14. Once the financial assessment form is completed and the Council is satisfied that all supporting documentation has been supplied and verified, a calculation of income, expenditure and allowances will be made to work out how much money the person can afford to contribute on a weekly basis towards the costs of their care and support.
15. The Policy sets out that the calculation is income minus expenditure minus allowances equals client contribution.

What happened

16. Ms X’s father, Mr A is a resident in a care home.
17. The Council carried out a financial assessment and decided he should contribute toward his care.
18. Ms X complained the Council has considered money in a joint account to all belong to her father in its financial assessment and says some of that money belonged to her.
19. The Council responded to say it had considered the payments going into the joint account and found the regular payments in were all for Mr A. It accepted there were some less regular payments which may not have been for Mr A.
20. The Council explained that as the total sum in the joint account amounted to less than £14,250 the entire amount had been disregarded.
21. Mr A received a tax bill, and Ms X complained the Council had not taken account of this in its assessment.
22. Ms X also complained the Council had not allowed for Mr A to contribute to household bills at the house he had a share in.
23. The Council explained bills were not considered to be Mr A’s liability as he does not live in the property, and the one off tax bill can be paid from the joint account.
24. The Council has left Mr A with a Personal Expense Allowance of about £130 each week.

Analysis and findings

25. The Council carried out a financial assessment and applied its calculation to work out Mr A’s contribution to his care, leaving significantly more than the PEA for Mr A.
26. The assessment document shows the Council considered the money in the joint account and disregarded it as it is below the lower threshold.
27. The account held about £5,000. This has not therefore impacted on the weekly contribution the Council has assessed Mr A should pay. His contribution is based only on his income.
28. The Council is correct in its assertion that it does not have to make an allowance for bills in a home Mr A does not live in.
29. The Council has also considered Ms X’s concerns about the tax bill and responded suitably.
30. As the financial assessment has been carried out in accordance with law and policy, I do not find any fault here.

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Decision

31. I find no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman