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Solihull Metropolitan Borough Council (15 000 201)

Category : Adult care services > Charging

Decision : Upheld

Decision date : 25 May 2016

Summary

A man complains (on behalf of a couple) that the council overcharged one of them for his care.

The complaint

He complains that the council wrongly took account of both the husband and wife's capital before applying the capital savings of £23,250 when financially assessing the husband to determine what contribution he should pay towards his home care charges. The man considers the council's approach is not in accordance with the Government's Fairer Charging Guidance.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The council has remedied the injustice to the couple but potentially other service users have been affected by the fault.

Therefore the council should, within three months of the publication of this report, review the financial assessments of 63 affected service users carried out between November 2013 and 30 March 2015 to determine if it has overcharged them for the contributions to their care. If the council finds it has overcharged any of the 63 service users, it should refund the amount overcharged. The council has accepted our recommendation.

Ombudsman satisfied with council's response: 16 September 2016

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