Summary: There was no fault by the Council in a complaint which alleged it unfairly raised the contribution the complainant’s uncle makes towards the cost of his care.

The complaint

1. I refer to the complainant here as Ms X. Ms X has power of attorney for the health and welfare of her uncle. Ms X says the Council acted unfairly because it increased her uncle’s contribution towards the cost of his social care when he received an increase in his pension credit. Ms X says the care home where her uncle resides has not increased its charges for rent or care but the Council still increased her uncle’s expected contribution. Ms X says the Council is taking advantage of her uncle.

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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 examined the complaint and background information provided by Ms X and the Council. I sent a draft decision statement to Ms X and the Council and invited the comments of both parties on it.

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What I found

The financial assessment process

5. The Care Act 2014 sets out the steps a council must take to assess a person’s needs for care and support.
6. The Care and Support Statutory Guidance states:
• Under section 17, a council must assess the person’s financial resources and any amount the person would be likely to pay towards the costs of meeting the needs for care and support once it has decided on eligibility.
• Under section 8.16, Where a local authority has decided to charge, except where a light touch assessment is permissible, it must carry out a financial assessment of what the person can afford to pay and, once complete, it must give a written record of that assessment to the person. This could be provided alongside a person’s care and support plan or separately, including via online means. It should explain how the assessment has been carried out, what the charge will be and how often it will be made, and if there is any fluctuation in charges, the reason. The local authority should ensure that this is provided in a manner that the person can easily understand, in line with its duties on providing information and advice.
7. Personal expense allowance
   The PEA is the weekly amount that people receiving local authority-arranged care and support in a care home (residents) are assumed to need as a minimum for their personal expenses and local authorities must apply this.
8. The PEA is specified in regulations made under section 14(7) of the Care Act 2014 and applies to all people whose care and support in a care home is arranged by a local authority under section 18 or 19 of the Act.
9. It is intended to allow residents to have money for personal use. Based on a financial assessment of their resources, individuals must be left with the full value of their PEA. It is then up to them to determine how they spend it.

Background

10. Ms X completed a financial assessment form for her uncle in 2020. She set out her uncle’s income including the pension credit he received at the time. The form explained the Council has to be informed of any changes in her uncle’s financial circumstances and there would be further financial assessments from time to time.
11. In April 2021, there was an increase in the amount of pension credit Ms X’s uncle receives. At the same time, the Council informed Ms X that it would increase the sum her uncle contributes towards his social care. The Council noted the Department of Health and Social Care had set the personal expenses allowance at the same level as the previous year. So it was satisfied Ms X’s uncle would have the central government mandated sum for his personal expenses. Central government guidance states local authorities can set the personal expenses allowance at a higher level than the minimum but the Council did not choose to do so in this case.
12. Ms X says the Council acted unfairly because it took advantage of a small increase in his pension as an excuse to reduce what it pays towards his care. Ms X says it is unfair the Councils expects her uncle to have the same personal expense allowance as the previous year but finds it acceptable to increase his contribution.

Finding

13. The Council’s financial assessment form made clear to Ms X that her uncle’s regular income such as pensions or benefits would be used to help pay for his care. It also explained a change in his financial circumstances could lead to a reassessment of the contribution he pays.
14. So, I do not find fault because the Council took account of the increase in Ms X’s uncle’s pension.
15. I do not find the Council acted with fault because it decided the personal expenses allowance for Ms X’s uncle should remain at the level set by the Department of Health and Social Care. As Ms X’s uncle retains the minimum level, I do not find the Council acted unfairly.

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Final decision

16. I closed this complaint because I did not find fault by the Council.

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Investigator's decision on behalf of the Ombudsman