Cornwall Council (25 008 949)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 25 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a financial assessment the Council carried out on Ms X. There is not enough evidence of fault to warrant our involvement.
The complaint
- Ms X complained about the outcome of a financial assessment the Council carried out. Ms X said it had not properly considered her personal circumstances and she did not agree with its decisions about her disability related expenses (DRE’s).
- Ms X said the outcome of the assessment meant her health and quality of life were being compromised.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council carried out a financial assessment on Ms X to decide the contribution she should make towards her care costs. Ms X complained the Council did not consider her specific personal circumstances when deciding her DRE’s.
- Ms X also complained the Council did not consider expenses she would face when she moves out of her current accommodation into a permanent home.
- Ms X appealed the decision and the Council reviewed it in May 2025.
- In its appeal outcome letter, the Council detail its consideration of each of the expenses Ms X had raised as DRE’s. The Council explained its reasoning for why it made its decision.
- The Council also told Ms X it would reassess her once she had moved into a permanent home.
- We are not an appeals body and we cannot overturn the Council’s decision. We look at how the Council made its decision and whether there was any flaw in that decision-making. If there was no fault in the Council’s decision-making, we cannot question it.
- In this case, it appears the Council considered all expenses and other representations raised by Ms X and provided clear reasoning for its decisions. There is not enough evidence of fault and therefore we will not investigate this complaint.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant our involvement.
Investigator's decision on behalf of the Ombudsman