Summary: We will not investigate this complaint about financial contribution to adult social care costs because it is unlikely we would find fault by the Council.

The complaint

1. Mr B says the Council failed to tell him in 2021 that if his father (Mr C) had a tenancy agreement for living with Mr B, then Mr C’s rent liabilities would be considered in his financial assessment. Mr C may pay less, or nothing at all, towards his social care. Mr B says he found this out during a meeting with a Council officer in March 2022, and it has taken up a lot of his time since. Mr B says it has affected his mental health and made him anxious. Mr B wants the Council to cancel the invoices for Mr C’s care contribution for 2021/2022 totalling over £2500.

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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, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. Mr C lives in Mr B’s home and pays rent, but in 2021 there was no formal tenancy agreement.
6. Mr C receives care at home arranged by the Council and so the Council was responsible to assess whether Mr C should pay towards that care. The Council did the required financial assessment in 2021 and decided Mr C was required to pay towards his care support.
7. Mr B says in March 2022 he found out from a Council officer that if Mr C had a formal tenancy agreement it might change the amount he pays towards his care support. Mr B feels the Council should have told him this sooner, and because it did not it should waive Mr C’s fees.
8. The Council is only required to complete the financial assessment, it is not required to provide financial advice on how best to maximise your income. Therefore, it is unlikely the Ombudsman would find fault in the Council’s actions. The financial assessment was based on the information provided and the situation at the time, so it is unlikely the Ombudsman could achieve the outcome Mr B wants of the Council waiving the fees that are due.
9. During its complaint investigation the Council apologised for any poor communication. It is unlikely the Ombudsman could achieve anything further.

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Final decision

10. We will not investigate Mr B’s complaint because it is unlikely the Ombudsman would find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman