Summary: We will not investigate this complaint about charging for adult social care fees. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr C says the Council has failed to properly consider its discretion to disregard a property from financial assessment for adult social care fees for his relative, Ms D. This is having a financial impact and is stressful.

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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. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence, and applying relevant law, guidance and policy. The Council has considered Ms D’s circumstances and its discretion. I understand Mr C disagrees and is concerned how to pay the costs. However, this is not evidence of fault in the Council’s decision or the way it has investigated.

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Final decision

7. We will not investigate Mr C’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman