Summary: We will not investigate this complaint about the Council’s management of the complainants’ finances. This is because there is no fault in the actions of the Council.

The complaint

1. The complainant, who I refer to here as Mr H, says that the Council:
• Did not reduce his assessed financial contribution to his care despite a reduction of service during the COVID-19 pandemic; and
• Has not explained why it told him December 2020 that he had £200 to spend, although it had previously told him he had to reduce his spending.

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The Ombudsman’s role and powers

2. 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 we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information provided by Mr H and by the Council, and I discussed the complaint with Mr H.

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What I found

4. Mr H says that during the COVID-19 pandemic the care he receives was reduced, but his assess contribution stayed the same. The Council has explained this is because the cost of his care is well above the level of his assessed contribution. So although the total cost was less, it still wasn’t covered by his assessed contribution towards the cost. There is no fault by the Council.
5. Mr H also says that the Council has not explained why he has £200 to spend, when he was previously told that he was overspending. He is concerned that at some point in the future the Council will change its view of the money and ask him to repay the £200.
6. The Council says the extra money is because his spending has been brought under control. It says his social worker will discuss with him again what he wants to do with it, but he is concerned that it may be taken away from him. Mr H would like the Council to confirm in writing that the £200 belongs to him and will not be taken away from him. The Council has agreed to do this.

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Final decision

7. I will not investigate this complaint as there is no evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman