Summary: We will not investigate Mrs X’s complaint about how the Council carried out financial assessments for her daughter’s care. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains on behalf of her daughter Miss Y, about how the Council has carried out financial assessments for Miss Y’s care since 2020. She says Miss Y, cannot afford to pay the assessed contribution towards her care and that the Council has not considered her request for Enhanced Disability Related Expenses. She says this has caused them both anxiety and distress.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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. I will not investigate Mrs X’s complaints about how the Council assessed Miss Y’s contributions going back to 2020. This is because a complaint about previous assessments is made late and I see no good reason why it could not have been raised with the Ombudsman sooner.
7. The Council has carried out recent financial assessments. Records show it did consider the Enhanced Disability Expenses requested in line with its policy. It has also assessed a waiver application in relation to the debt owed by Miss Y and explained why her care contributions have increased.
8. I will not investigate this complaint as there is not enough evidence of fault by the Council to justify an investigation.

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Final decision

9. We will not investigate Mrs X’s complaint on behalf of her daughter Miss Y because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman