Summary: We will not investigate this complaint about charging for adult social care. That is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about how the Council had charged for his mother’s, Mrs Y’s domiciliary care. He said that Mrs Y paid for a live in carer, but the Council did not consider this cost when it invoiced for the domiciliary care it also provided. He said that is rapidly reducing Mrs Y’s funds. He wants the Council to adjust what it invoices Mrs Y to reflect the care that she is privately paying for.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council assessed Mrs Y as needing 52.5 hours of care a week. The Council wrote to Mrs Y about the need for a financial assessment. It said that if Mrs Y did not complete the financial assessment form, the Council would charge for the full cost of services up to £663.00 a week. Mrs Y did not complete a financial assessment.
6. Mr X did not feel that 52.5 hours of care was enough to meet Mrs Y’s care needs and separately arranged a live-in carer. The Council reviewed the package of care. As Mrs Y’s care needs were being met by privately funded care it reduced the amount of care provided by the Council.
7. Although Mr X is unhappy with the Council’s decision to charge for the domiciliary care it arranges we will not investigate this complaint further. The Council has not assessed Mrs Y as needing a living carer. It is the family’s decision to pay for that care.
8. The Council can consider any alternative care arrangements as part of its care and support planning. As the family has arranged a private carer, the Council has reduced the package of care it provides as Mrs Y’s needs are being met through alternative means. It is entitled to do that and does not need to consider the cost of the live in carer when charging for the domiciliary care it provides.
9. The Council has offered to complete a financial assessment to see if Mrs Y is eligible for any support with care costs. The family has declined that assessment. Given the above, there is insufficient evidence of fault to justify our investigating.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify our investigating.

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Investigator's decision on behalf of the Ombudsman