Summary: We will not investigate this complaint about an increase in contribution towards the costs of adult social care. This is because there is no evidence of fault, the Council has acted in accordance with relevant law and guidance.

The complaint

1. Ms B says her contribution to her adult social care support has increased from around £9 per week to around £150 per week. Ms B says she cannot afford this amount and is borrowing money from her elderly mother. Ms B says the Council’s actions have impacted her mental health.

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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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. I considered relevant law and guidance.

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My assessment

6. A council has a duty to arrange care and support for those with eligible needs. A council can choose to charge for non-residential care following a person’s needs assessment. Where it decides to charge, the council must follow the Care and Support (Charging and Assessment of Resources) Regulations 2014 and have regard to the Care Act statutory guidance. (Care Act 2014, section 14 and 17)
7. The Council must carry out a financial assessment to decide what a person can afford to pay. It must then give the person a written record of the completed assessment.
8. People receiving care and support other than in a care home need to keep a certain level of income to cover their living costs. Councils’ financial assessments can take a person’s income and capital into consideration, but not the value of their home. After charging, a person’s income must not reduce below a weekly amount known as the minimum income guarantee (MIG). This is set by national government and reviewed each year. (Care Act 2014)
9. Councils can take disability-related benefit into account when calculating how much someone should pay towards the cost of their care. When doing so, a council should make an assessment to allow the person to keep enough benefit to pay for necessary disability-related expenditure (DRE) to meet any needs it is not meeting. The Care and Support Statutory Guidance sets out a list of examples of such expenditure. It says any reasonable additional costs directly related to a person's disability should be included. What counts as DRE should not be limited to what is necessary for care and support.
10. The Council completed a financial assessment in accordance with the law and guidance, ensuring to leave Ms B with the minimum income guarantee, and considering any DRE. The reason Ms B’s financial contribution has greatly increased is because her income has increased. The Council has fully explained this to Ms B.
11. The Council has considered Ms B’s argument that she cannot afford the contribution to her care by looking at her income and expenditure. The Council provided Ms B with some advice on how she could reduce her expenses and advised her on where she could get independent advice.
12. I recognise it is distressing for Ms B to be asked to pay significantly more, and that she feels her increased income is being taken away from her. This is due to the rules provided by relevant law and guidance set by national government, rather than the actions of the Council.

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Final decision

13. We will not investigate Ms B’s complaint because there is not enough evidence of fault to justify investigating. The Council has acted in accordance with relevant law, guidance, and its own policy.

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Investigator's decision on behalf of the Ombudsman