Summary: The Council failed to provide Mr X with timely information about charges for adult services when his son moved from children’s services to adult services. It failed to provide adequate information and support about disability related expenditure and failed to explain the process of adult social care.

The complaint

1. Mr X complains on behalf of his son who is a young adult with learning difficulties. He says the Council failed to inform him about the process and charging for adult services when his son moved from children’s services to adult services.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have:

• considered the complaint and discussed it with Mr X;
• considered information the Council provided to this office;
• taken account of relevant legislation;
• offered Mr X and the Council an opportunity to comment on a draft of this document, and considered the comments made.

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What I found

Relevant legislation

6. The Care and Support statutory guidance (‘the guidance’) sets out principles for charging for care and support. One of these principles is that the approach to charging should be clear and transparent so people know what they will be charged.
7. The guidance also says that local authorities should make sure there is sufficient information and advice available to make sure that the person or their representative can understand any contributions they are asked to make.
8. There are certain items of expenditure that can be deducted from a person’s income before the council decide whether a person can afford to contribute to your social care costs called Disability Related Expenditure, or DRE.Councils must take DRE into account when assessing a person’s finances. The financial assessment should set out exactly what the Council considers to be DRE.
9. If a council takes a disability benefit into account, they must also assess disability-related expenditure in a financial assessment. This is to meet any disability-related needs not being met by them.
10. Examples of acceptable disability related costs include:

• extra washing or special washing powder and conditioner for delicate skin
• special diet
• special clothing or footwear (or extra wear and tear)
• additional bedding
• extra heating costs
• internet access
• any care that social services do not meet
• buying and maintaining disability-related equipment
• any transport costs (both for essential visits to the doctor or hospital, but also to keep up social contacts).

11. Other costs may also be accepted. Councils should not be inflexible and should always consider individual circumstances. Councils should consider everything a person has to buy or pay for because of their disability. Councils should not adopt a blanket policy.
12. The Statutory Guidance states that “what is disability-related expenditure should not be limited to what is necessary for care and support”.
13. The Council’s DRE policy says “During the financial assessment any reasonable costs resulting from the service user’s disability will be taken into consideration. The additional costs should be over and above those of a person without a disability and it is expected that evidence of the costs would be provided. The service user’s care plan should also indicate that additional allowances are justified.

Key facts

14. Mr X’s son, Mr Y, is in his late teens. He has autism and severe learning difficulties. In 2018, due to unforeseen circumstances Mr Y went to live with Mr X.
15. Prior to him becoming an adult, Mr Y received services under children’s social services, which were free of charge. He received a direct payment to fund 16 hours support per week from a personal assistant.
16. Mr X complains the Council failed to inform him that there would be a weekly charge when Mr Y turned 18, in 2022. Mr X says he only became aware that there may be a charge during a telephone call with an officer from the Council’s financial assessment team in November 2022. The officer arranged to complete a financial assessment of Mr Y, following which Mr X was sent an appointment letter and fact sheet about charging. He says charges had never been mentioned previously.
17. In December 2022, the Council informed Mr X that Mr Y would be required to contribute £68. per week towards his care.
18. Mr X complained to the Council. The Council responded in writing on 1 March 2023. The author of the letter said, “In the transition from Children’s Services to Adult Social Care Services, [Mr Y] had an existing Direct Payment employing Personal Assistants and in such circumstances a transition fact sheet should have been issued which includes information about client contribution from service users in relation to services via Direct Payments. Our investigation did not find any evidence to confirm that this checklist was issued… no information was shared with you and [Mr Y] from by his allocated Social Worker from the 14 – 24 Transitions Service, to explain that your son may be required to making a personal financial contribution towards the costs of the services he receives once he became an adult”.
19. The Council agreed to waive respite charges of £167.50 for care provided between June & December 2022, but it refused to waive contributions for non - residential services. It says Mr Y benefited from the delay in the financial assessment, so it backdated the charges four weeks prior to the completion of the financial assessment, before Mr X became aware of the charge.
20. During a telephone discussion about this complaint, Mr X explained the context of his concerns. When Mr Y moved in with Mr X in 2018, Mr X had a full-time professional position. In order to care for Mr Y, he changed roles and reduced his hours, resulting in a significant reduction in his income.
21. Mr X provides all Mr Y’s care, apart from the 16 hours formal paid support, and the time Mr Y is at school. Mr X has recently purchased a new home. He says he chose the property because it meets Mr Y’s current needs, and his anticipated future needs. Mr X does not currently charge Mr Y board or lodgings to live in his home.
22. It is clear from speaking to Mr X that he has insufficient understanding of Mr Y’s right to adult services or his right as carer. The Council has a duty, under section 4 of the Care Act, to provide information and advice and must take an active role. Information and advice are fundamental to enabling people, carers and families to take control of, and make well-informed choices about their care and support.
23. Mr X says he feels abandoned by adult services. He says he has had only had one face-to-face meeting with Mr Y’s social worker in four years.
24. During our conversation, Mr Y also expressed anxiety about how he would manage Mr Y’s care when he leaves full-time education this summer. Mr X has accepted a new professional role, starting in September 2023, and worries how he will balance this with caring for Mr Y.
25. I explained to Mr X, the Council cannot continue to treat him as though he is responsible for Mr Y’s care, and that the Council is simply responsible for providing him with breaks from his caring role. Mr Y is now an adult, and as such the entirety of his 24 - hour care needs are the legal responsibility of the Council, except for those needs Mr X is willing and able to provide.
26. Mr X also appeared to have limited knowledge about disability related expenditure (DRE). He says the Council asked for receipts, but he is unclear about the extent of DRE, and how he can provide the evidence required.

Analysis

27. It is not the Ombudsman’s role to decide if a person has social care needs, or if they are entitled to receive services from the Council. The Ombudsman’s role is to establish if the Council assessed a person’s needs properly and acted in accordance with the law.
28. In this case it appears the Council failed to do so.
29. The Council acknowledges it failed to provide Mr X with timely information about charging for adult services. Its apology and offer to waive respite care charges is not sufficient. The Council believes Mr Y benefited from the delay in the financial assessment, so the non-residential charges should remain.
30. I do not agree with the Council’s reasoning. Firstly, there was no informed choice to receive a chargeable service prior to the information about charging being given. It is clear from my discussion with Mr X that DRE has not been fully explained, and consequently he lacks awareness to the extent to which DRE can be applied. A full assessment of Mr Y’s DRE may have a significant impact on the charge.
31. The Council should have properly explained the process of adult social care to Mr X, including Mr Y’s entitlements as an adult and his rights as a carer, and the differing administrative processes. Its failure to do so has left Mr X feeling confused and vulnerable.

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Agreed action

32. The Council will within four weeks of the final decision:

• commence a review Mr Y’s needs and produce a care and support plan which reflects those needs over a seven-day period, and explain in detail, how these needs will be met, in consultation and agreement with Mr X;
• undertake a further financial assessment of Mr Y and consider DRE in accordance with statutory guidance, and, backdate to the previous financial assessment;
• pay Mr X £250 for the time and trouble caused by pursuing the complaint with the Council and the Ombudsman;
• review Mr Y’s carer’s assessment and produce a support plan setting out how any needs will be met;
• consider whether there are exceptional circumstances in which Mr X could be considered as Mr Y’s formal paid carer;
• signpost Mr X to any appropriate carer support services.

33. Provide evidence of the above to this office.

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Final decision

34. The Council failed to provide Mr X with timely information about charges for adult services when his son moved from children’s services to adult services. It failed to provide adequate information and support about disability related expenditure. And, failed to explain the process of adult social care to Mr X, including Mr Y’s entitlements as an adult and Mr X’s rights as a carer.
35. The above action is a suitable remedy for the injustice caused.
36. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman