Summary: We will not investigate this complaint about Miss X’s mother’s care charges. She says her mother is paying too much towards the cost of her care. This is because there is insufficient evidence of fault with the way the Council completed the financial assessment.

The complaint

1. Miss X complains about her mother’s care charges. She says her mother is paying too much towards the cost of her care. She also complains the Council failed to assess her mother’s needs for physiotherapy which has meant her mother has to fund this herself.

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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. (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. Miss X’s mother, Mrs A, pays for physiotherapy privately. Miss X says this is because the Council has not assessed Mrs A to determine if she has physiotherapy needs.
6. Physiotherapy is a health need. Therefore, responsibility for assessing Mrs A’s need for physiotherapy lies with Mrs A’s local NHS trust. Any complaints about this should therefore be made to the NHS trust, and then, to the Parliamentary and Health Service Ombudsman.
7. Miss X is unhappy the Council will not disregard Mrs A’s costs for physiotherapy when it completed the financial assessment. The Council has explained to Miss X it cannot disregard the costs as physiotherapy is a health need.
8. The Care and Support Statutory Guidance, Annex C covers the treatment of income when conducting a financial assessment. This sets out that income will always be taken into account unless it is disregarded under the regulations. Having reviewed the evidence, I am satisfied the Council has completed Mrs A’s financial assessment in line with the statutory guidance. This means Mrs A’s assessed contributions towards her care have been appropriately calculated.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault with the way the Council completed the financial assessment.

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Investigator's decision on behalf of the Ombudsman