Summary: We will not investigate this complaint about contribution towards adult social care fees. This is because there is not enough evidence of fault. The Council has completed the financial assessment in line with the law, government guidance, and its policy.

The complaint

1. Ms D says the Council increased the amount her son, Mr E, pays towards his adult social care by over £90 per week. This came as a shock as there has been no change in Mr E’s income. This has made Mr E anxious about his finances and he has got into debt.

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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
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Where someone receives adult social care, the Council must assess what, if anything, the person will pay towards that support. The Council will review this at least once a year. At the 2022 review Mr E’s contribution went from £19.85 per week to £113.15 per week. Which understandably came as a shock.
6. The Council has completed the financial assessment in line with the law, government guidance and its own policy. The Ombudsman cannot criticise the outcome, even though there is a large increase, as there is no evidence of fault in the calculations.
7. The Council explains the reason for the large increase is because of fault in earlier financial assessments. Mr E benefited from that fault as has been paying less than he should have towards his care support for several years.
8. The Council cannot allow that fault to continue. It has a duty to the public purse to collect money due, and to be equitable to all people paying towards their care.
9. The Council has considered whether it could grant any waiver towards Mr E’s contribution to care fees. It has looked closely at Mr E’s income and outgoings. Even with paying the higher amount towards his care fees, Mr E has more than the Minimum Income Guarantee set by government. So should have enough money to live on.
10. Mr E has understandably grown used to having more surplus income. Mr E may wish to seek support from a money advice service on how to manage with his new budget.

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Final decision

11. We will not investigate Ms D’s complaint because there is not enough evidence of fault in the 2022 financial assessment to justify investigating.

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Investigator's decision on behalf of the Ombudsman