Summary: Mr X complained about the way the Council assessed his disability related expenditure. He said this put financial strain on him and his son. The Council has taken appropriate action to resolve the outstanding issues. Therefore, I have discontinued my investigation.

The complaint

1. Mr X complained the Council failed to include the costs his son incurs travelling to visit and care for him in his disability related expenditure.
2. Mr X said this placed him under financial strain, because he must pay his son’s travel costs.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I contacted Mr X and discussed his view of the complaint.
6. I made enquiries of the Council and considered the information it provided.
   This included the Council’s response to Mr X’s complaint and Mr X’s care plan.
7. I wrote to Mr X and the Council and considered their comments before making a final decision.

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What I found

Statutory Guidance

8. The Care Act 2014 says councils can make charges for care and support services they provide or arrange. Charges may only cover the cost the council incurs arranging the care.
9. Councils must assess a person’s finances to decide what contribution they should make to their personal budget for care.
10. Disability related expenditure is any reasonable additional cost a person incurs as a result of their illness or disability. If a person incurs expenses which are directly related to their disability, the Council should take that into account when assessing their finances.
11. In assessing disability related expenditure, Councils should include care which is not being arranged by the local authority.

What happened

Mr X’s complaint

12. Mr X is disabled and receives Council arranged support and care. Mr X also pays his son, Mr Y, to visit him twice a week for approximately 12 hours and attend to his medical and social needs.
13. In April 2018, the Council assessed Mr X’s financial contribution towards his care and told Mr X it was increasing the weekly cost of his care.
14. Mr X complained to the Council in May 2018 because he wanted it to consider Mr Y’s travel costs in its financial assessment. The Council responded in June 2018, maintaining that Mr Y’s travelling costs were not eligible for disability related expenditure.
15. Mr Y wrote to the Council in December 2018, contesting the Council’s decision. He said that as well as driving to visit and care for Mr X, he performed other supportive duties such as:
• caring for and cleaning Mr X’s pet;
• ordering and delivering Mr X’s food shopping:
• monitoring Mr X’s blood sugar; and
• assisting Mr X with paperwork and technology.
16. Mr Y asked the Council to consider these duties and the costs he incurred in
    Mr X’s disability related expenditure, as he was unable to pay these costs himself.
17. The Council responded in April 2019, saying its charging policy was in line with the Care Act, which required councils to “consider the persons own strengths and capabilities and what support might be available from their wider support network or within the community to help.”
18. The Council also said it had not received information from a care professional which indicated Mr Y’s assistance was vital towards Mr X’s needs.
19. However, the Council agreed to review Mr X’s care needs because Mr Y’s letter indicated Mr X’s care needs had changed since the Council had last reviewed them.
20. The Council also said it would consider whether Mr X was due a retrospective financial assessment in its upcoming review. The Council directed Mr X to complain to the Ombudsman if he was unhappy with this response.
21. Mr X was unhappy with this and referred his complaint to the Ombudsman.

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My findings

22. When assessing disability related expenditure, councils should include care which it has not arranged. After discussing this case with the Council, it has agreed to include Mr Y’s travel expenses in his disability related expenditure from April 2018 until Mr X’s next annual care needs review.
23. The Council has also confirmed it will complete a review of Mr X’s care needs within four weeks of the date of the Ombudsman’s final decision.
24. These are satisfactory steps for the Council to take. It is unlikely an investigation by the Ombudsman would lead to a different outcome. For that reason, I have discontinued my investigation.

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Final decision

25. It is unlikely further investigation will lead to a different outcome. Therefore, I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman