Summary: Mrs B complained about a debt relating to reablement care which she says the Council promised her would be provided for free. The Council has decided to cancel the debt Mrs B complained about. As this was the main outcome Mrs B was seeking and as nothing can be gained from further investigation of the complaint, we will discontinue the investigation.

The complaint

1. Ms B complained that the Council had promised her that it would pay six weeks of reablement care after she had wrist surgery, but it then started to charge her for the care package after four weeks.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I have discussed the complaint with Mrs B.I have considered the documents that she has sent, the Council’s offer to cancel the debt and both sides’ comments on the draft decision.

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What I found

Law, guidance and policies

4. The Care Act 2014, the Care and Support Statutory Guidance 2014 (updated 2017) and the Care and Support (Charging and Assessment of Resources) Regulations 2014 set out the Council’s duties towards adults who require care and support and its powers to charge.
5. The council must provide intermediate care and reablement care free of charge for up to six weeks, even if the person is above the capital threshold.
6. Intermediate care services are provided to people, usually older people, after they have left hospital or when they are at risk of being sent to hospital. Intermediate care is a programme of care provided for a limited time to assist a person to maintain or regain the ability to live independently.
7. ‘Reablement’ is a particular type of intermediate care, which has a stronger focus on helping the person to regain skills and capabilities to reduce their needs, in particular through the use of therapy or minor adaptations. There is a tendency for the terms ‘reablement’, ‘rehabilitation’ and ‘intermediate care’ to be used interchangeably.

What happened

8. Mrs B had a wrist operation in November 2020. She says she was told that she would be entitled to six weeks reablement care, free of charge, after her operation. However, she says the Council then changed its position and started to charge her after four weeks. This resulted in an invoice of £224.37. She complained to the Council, but the Council continued to pursue her for the invoice so Mrs B came to the Ombudsman.
9. I sent a letter of enquiries to the Council in May 2022. The Council replied and said it had decided to cancel the debt. It agreed to send a letter to Mrs B to confirm its decision as soon as it received the Ombudsman’s final decision. As this is the main outcome Mrs B was seeking, I will discontinue the investigation as nothing can be gained from further investigation of the matter.

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Final decision

10. The investigation has been discontinued as the Council has agreed to cancel the debt.

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Investigator's decision on behalf of the Ombudsman