Lancashire County Council (22 014 739)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 21 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about adult social care fees. This is because it is unlikely we would find evidence of fault. The Council is acting in accordance with the relevant law and statutory guidance.

The complaint

  1. Mr B says the Council is asking his wife (Mrs B) to pay more for her adult social care fees than she can afford. This is affecting their finances and Mr B’s wellbeing.

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The Ombudsman’s role and powers

  1. 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
  • 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.
  3. I considered the Care Act 2014 and associated statutory guidance.

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My assessment

  1. In 2020 Mr and Mrs B were in India and could not return to the UK because of the Covid pandemic travel restrictions. When they returned to the UK, Mrs B moved into a residential care home.
  2. The Care Act 2014 (section 14 and 17) provides a legal framework for charging for care and support. The charging rules for residential care are set out in the Care and Support (Charging and Assessment of Resources) Regulations 2014 and councils should have regard to the Care and Support Statutory Guidance.
  3. The Council has assessed how much Mrs B should pay towards her care support, but Mr and Mrs B dispute the amount. Mr and Mrs B say while they were in India they could not access their funds in the UK, and had to borrow money which they have since paid back.
  4. Mr and Mrs B made two large cash withdrawals from their bank account, the Council has asked for evidence of where this money has gone and what it has been spent on. Mr and Mrs B have provided one invoice for over £4,000 which the Council has considered in the financial assessment, but Mr and Mrs B have not accounted for the remaining amounts. Mr B says they have no receipts, and the Council has explained that without evidence it cannot disregard that money and must treat Mrs B as if she still has it.
  5. The Council has explained to Mr B the evidence it needs to see; receipts for expenditure and proof that debts have been repaid.

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Final decision

  1. We will not investigate Mr B’s complaint because it is unlikely we would find evidence of fault. The Council is acting in accordance with the relevant law and statutory guidance. It is up to Mr B to provide evidence of his spending for the Council to consider whether it can then deduct it from the financial assessment. The fact Mr B cannot provide such evidence is not fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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