Summary: Mrs M complained to us about the way in which the Council has calculated the contribution her daughter has to make towards the cost of her care, and the way in which it has communicated about this. We found fault with regards to the actions of the Council, which the Council has agreed to remedy.

The complaint

1. The complainant, whom I shall call Mrs M, complained to us on behalf of her daughter, whom I shall call Ms D. Mrs M complained that, even though the Council agreed in July 2021 that it would treat the cost of toenail cutting as DRE, and agreed (later on) that it will backdate this to July 2021:
• This is still not reflected in the invoices she receives for her daughter’s care.
• The Council has still not backdated this to July 2021 and provided evidence to her of this.
2. Furthermore, Mrs M said she told the Council in November 2021 that she had not yet received the evidence / breakdown that shows the cost of her daughter’s shoes has always been (and continues to be) considered as DRE. However, the Council has still not sent this to her.
3. Mrs M also complained that, even though she provided evidence from the GP on 5 December 2021 that her daughter’s Deep Tissue Massage is necessary, related to her disability and not available on the NHS, she has still not:
• Received a confirmation from the Council it has received this evidence.
• Received a decision by the Council as to whether it will treat this as DRE.

Back to top

The Ombudsman’s role and powers

4. 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)
5. If we are satisfied with an organisation’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)

Back to top

How I considered this complaint

6. I have considered the information I have received from Mrs M and the Council. I shared a copy of my draft decision statement with Mrs M and the Council and considered any comments I received, before I made my final decision.

Back to top

What I found

7. Disability Related Expenses (‘DREs’) are costs a disabled person has because of their disability. If the council accepts that a cost is a DRE, it will reduce the contribution the person has to pay for their home care.
8. Mrs M complained that, even though the Council agreed in July 2021 that it would treat the cost of cutting her daughter’s toenails as DRE, and agreed (later on) that it would backdate this to July 2021:
• This is still not reflected in the invoices she receives for her daughter’s care.
• The Council has still not backdated this to July 2021 and provided evidence to her of this.
9. Furthermore, Mrs M said she told the Council in November 2021 that she had not yet received the evidence / breakdown that shows the cost of her daughter’s shoes has always been (and continues to be) considered as DRE. However, the Council has still not sent this to her.
10. In response to my enquiries, the Council has acknowledged that:
• While the Council has treated the cost of cutting toenails as DRE, it has not clearly identified this in the financial breakdown, which it will now do.
• It has now backdated this to July 2021, and it will provide Mrs M with the corresponding evidence of that.
• It has told Mrs M in the past that the cost of her daughter’s shoes is included under the heading of ‘clothing and bedding’. It will itemise this going forward to ensure this is clearer.
• It failed to attach the financial assessment / breakdown when it provided a response to Mrs M’s complaint in November 2021.
• It failed to respond to the further correspondence Mrs M sent in November and December 2021. It has now prepared a response to send to her, along with an apology.
• It would also like to offer Mrs M £250 for any distress its faults have caused her.
• The service manager will take action to ensure that the above delays will not happen again.
11. Mrs M also complained that, even though she provided evidence from the GP on 5 December 2021 that her daughter’s Deep Tissue Massage is necessary, related to her disability and not available on the NHS, she has still not:
• Received a confirmation from the Council it has received this evidence.
• Received a decision by the Council as to whether it will treat this as DRE.
12. In response to my enquiries, the Council acknowledged it failed to properly respond to Mrs M. It confirmed it has included this as DRE and backdated this to 1 November 2018

Analysis

13. In response to my enquiries, the Council has acknowledged it has been at fault with regards to the issues Mrs M complained about to the Ombudsman. It has identified appropriate actions to remedy this.

Back to top

Action agreed

14. I recommended that, within four weeks of my decision, the Council should carry out the actions it has identified above.
15. The Council has told me it has accepted my recommendation.

Back to top

Final decision

16. For reasons explained above, I upheld Mrs M’s complaint.
17. I am satisfied with the actions the Council will carry out to remedy this and have therefore decided to complete my investigation and close the case.

Back to top

Investigator's decision on behalf of the Ombudsman