Summary: We will not investigate this complaint about charging for adult social care because there is no evidence of fault or injustice, and we cannot achieve the outcome Ms B wants.

The complaint

1. Ms B says the Council should take her gas and electric costs into account as expenditure in the financial assessment for adult social care costs. The Minimum Income Guarantee has not increased over the years with inflation and does not leave Ms B enough to live on with the rising costs of living. Ms B wants gas and electricity costs to be included in expenditure in the financial assessment, and for the Minimum Income Guarantee to be increased.

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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
• any fault has not caused injustice to the person who complained, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, 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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Where a council is providing adult social care and support, it can charge the person for the service. The council must follow the Care and Support (Charging and Assessment of Resources) Regulations 2014 and have regard to the Care Act statutory guidance. (Care Act 2014, section 14 and 17)
6. The council must carry out a financial assessment to decide what a person can afford to pay. It must then give the person a written record of the completed assessment.
7. People receiving care and support other than in a care home need to keep a certain level of income to cover their living costs. After charging, a person’s income must not reduce below a weekly amount known as the minimum income guarantee (MIG). This is set by national government and reviewed each year. (Care Act 2014)
8. The MIG is intended to cover household costs including gas and electricity. If you use a higher amount of gas and electricity than an average household because of your disability the council can give an allowance for that in the financial assessment as a disability related expenditure (DRE).
9. The Council has completed a financial assessment. The Council considers Ms B does not use a higher-than-average amount of gas and electric so has not awarded any DRE for this. There is no evidence of fault in this decision. The Council’s decisions also cause no injustice to Ms B as it has assessed she pay nothing towards her care and support.
10. Ms B, like many households, is understandably concerned at the rising costs of living. Ms B considers the MIG is not sufficient to cover household costs including gas and electricity. The Council does not set the MIG, and a change to the MIG is not something the Ombudsman can achieve. That is a decision for central government.
11. The decision to include gas and electricity within the MIG rather than as expenditure is also not a decision made by the Council. This is set by the law and guidance the Council must follow when assessing charges for social care.

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Final decision

12. We will not investigate Ms B’s complaint because there is no evidence of fault or injustice, and we cannot achieve the outcome she wants of increasing the MIG and including gas and electric in expenditure rather than the MIG.

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Investigator's decision on behalf of the Ombudsman