Summary: We will not investigate this complaint about the Council backdating a financial assessment without any prior notification the care was chargeable. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains the Council failed to complete a financial assessment appropriately. She also complains the Council backdated the financial assessment 16 months without any prior notification the care was chargeable.

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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)

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How I considered this complaint

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

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My assessment

5. Mrs X’s grandmother, Mrs A, was admitted to hospital in March 2021. She was discharged to a nursing home in April 2021.
6. The Council responded to Mrs X’s complaint in March 2022. The Council upheld Mrs X’s complaint and agreed to “pick up funding from the 5 May 2021” and for the 12-week property disregard to start from 1 March 2022. Mrs X accepted this as a suitable remedy.
7. Mrs X’s father later received invoices from the Council with charges backdated to May 2021. The Council explained to us when it had agreed to pick up the funding, this would still have been subject to a financial assessment to determine Mrs A’s contributions. The Council said the invoices sent were for these assessed contributions.
8. In response to our enquiries, the Council acknowledged its wording was confusing and that it should have made it clear that it would still charge Mrs A her assessed contributions. The Council has apologised for the confusion.
9. To remedy this, the Council has proposed to agree to Mrs X’s requested outcome. That is, for the start date of the financial assessment to be from 1 March 2022. I am satisfied this is an appropriate remedy.

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Agreed action

10. The Council has agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint earlier by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman