Summary: We will not investigate this complaint about the Council not telling Mrs X charges were accruing for her mother’s care. This is because there is insufficient evidence of fault and significant injustice. In addition, further investigation would not lead to a different outcome.

The complaint

1. Mrs X complains the Council did not tell her that charges were accruing for her mother’s care while they were waiting for the continuing healthcare (CHC) process to conclude. She says this resulted in a sudden large care bill.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or

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

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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 mother was receiving at home care from a care provider. The Council told Mrs X in February 2021 it needed to complete a financial assessment to calculate her mother’s contribution towards her care costs. Mrs X asked the Council to hold the assessment while her mother’s CHC referral was considered.
6. The CHC referral was decided in July 2021, but the Council was not informed of this until September 2021. While the evidence suggests there was likely a delay in the Council’s completing the financial assessment, this was due to Mrs X asking to hold the assessment. Therefore, there is insufficient evidence of fault.
7. In any case, since the Council told Mrs X her mother would need to contribute towards the cost of her care, Mrs X was aware there would eventually be a charge. Therefore, I do not consider the alleged delay caused any significant injustice. This is because Mrs X’s mother is still in the same position she would have been even if the alleged delay had not occurred.
8. During the Council’s investigation into Mrs X’s complaint, it secured a credit from the care provider. This reduced the care invoice by around £3500. Further investigation would not lead to a different outcome.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault and significant injustice. In addition, further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman