Summary: We will not investigate Mr X’s complaint about care charges. This is because the matter has been resolved prior to our involvement.

The complaint

1. The complainant, whom I shall call Mr X, complained the Council was charging him for care he believed would be free.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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. Mr X complained to the Council when he received an invoice for care he received following his discharge from hospital. Mr X said he was told the care would be free and the Council did not give him any information about care charges.
6. The Council agreed Mr X was not informed the care was a chargeable service until mid-May when he had a meeting with a social worker assessor. It waived the charges prior to this date. It told Mr X it had not received the information it needed from him to enable it to complete his financial assessment. As it could not complete the financial assessment, he was being charged the full cost for his care. It asked Mr X to provide this information as soon as possible so that it could establish his assessed contribution.
7. In response to our initial enquiries, the Council told us it had recently written to Mr X informing him of the outcome of his financial assessment. The assessment found Mr X does not currently have to pay towards the cost of his care.
8. We contacted Mr X to check whether this resolved his complaint. He confirmed it did.

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Final decision

9. We will not investigate Mr X’s complaint. This is because the complaint has been resolved prior to our involvement.

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Investigator's decision on behalf of the Ombudsman