Summary: The Council failed to deal with Mr Y’s financial assessment in a timely manner. It has apologised and agreed to waive all backdated charges.

The complaint

1. Mrs X complains the Council failed to inform her adult son, Mr Y, that he would have to make a financial contribution towards the support he received from Pure Innovations. She also complains the Council delayed sending an invoice for the care.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have:

• considered the complaint and discussed it with Mrs X;
• considered the correspondence between Mrs X and the Council, including the Council’s response to the complaint;
• made enquiries of the Council and considered the responses;
• considered relevant legislation;
• offered Mrs X and the Council an opportunity to comment on a draft of this document, and considered the comments made.

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What I found

Relevant legislation

5. The Care Act 2014 gives councils the power to charge for care and support services they provide or arrange. Charges may only cover the cost the council incurs. Where a council decides to charge it must do so in line with the Care and Support (Charging and Assessment of Resources) Regulations. It must assess how much the person can afford to pay by completing a financial assessment.
6. The Care and Support Statutory Guidance 2014 makes it clear that the approach to charging for care and support needs should be clear and transparent so people know what they will be charged.

What happened

7. Mr Y is an adult with autism. He lives at home with Mrs X. Mrs X supports Mr Y with day to day living and to manage his finances.
8. The Council completed an assessment of Mr Y’s care and support needs. It concluded he was eligible for services and a placement at a day service was arranged. The Council then completed a financial assessment. I have seen a copy of the financial assessment form, on it, Mr Y ticked ‘yes’ to section 4, confirming it had been explained, that he would be required to pay towards his care and support.
9. Mr Y received a letter from the Council in July 2018 saying it had calculated he could afford to contribute up to £33 per week towards his care but “…the actual amount would depend on the services you receive”. Mr Y received a second letter from the Council in August 2019, to say his weekly contribution had increased
10. Mr Y received an invoice from the Council approximately eighteen months later. Mrs X says had she been informed of the charge she would have ensured a sum of money was put aside. She says the large bill caused stress to her and distress to Mr Y. He agreed to repay the debt by agreed monthly instalments.
11. Mrs X says the support provided to Mr Y was not appropriate, and it was not reviewed. She complained to the Care Provider about this. She told the Council about her dissatisfaction with the placement when she received the backdated invoice, but she did not submit a formal complaint. Mrs X says she is anxious about submitting a complaint to the Council because she believes it will impact on her dealings with social services in the future.
12. In response to enquiries from this office, the Council acknowledged it had failed to deal with Mr Y’s direct payment audit in a timely manner. It wrote to Mrs X on 5 February 2021 and acknowledged there had been “a significant delay between the audit being completed in January 2020, and you being made aware of the outcome. I am very sorry that this occurred, this type of delay is not acceptable and can lead to confusion and uncertainty for service users and their representatives. In recognition of this, I have arranged for the invoice in relation to Ben’s direct payment audit (£1933.40) to be waived. I would also like to assure you that we will review how this delay came to be and take steps to prevent similar situations occurring in the future”.
13. The Council says Mrs X has not submitted a formal complaint about the support provided to Mr Y. Therefore, it has not had chance to investigate the concerns under its formal complaints process.

Analysis

14. The Care and Support Statutory Guidance 2014 makes it clear that the approach to charging for care and support needs should be clear and transparent so people know what they will be charged. 
15. In this case I am satisfied Mr Y was aware that the support he received may be chargeable. In completing the financial assessment Mr Y confirmed he understood he may have to contribute towards his support. There is no fault by the Council here.
16. The Council has acknowledged it delayed sending Mr Y an invoice for contributions towards his care. This is fault by the Council. It has apologised and waived all the backdated charges. Mrs X is satisfied with this.
17. The Council has not had the opportunity to investigate Mrs X’s complaints about the support provided to Mr Y. It should now do so.

Agreed action

18. The Council should within four weeks of the final decision

• contact Mrs X to clarify her concerns about the care provided to Mr Y, agree a statement of complaint, and investigate the issues raised.
• provide evidence of the above to this office.

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Final decision

19. There is evidence of fault in this complaint. The Council failed to deal with Mr Y’s direct payment audit in a timely manner. It has apologised and agreed to waive all backdated charges.
20. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman