Summary: We will not investigate this complaint about the Council charging Miss X’s father for his care and support. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Miss X complains the Council charged her father for his care and support despite telling them the care would be free. She says her father has no money to pay the invoice.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In May 2022, the Council completed a care and support assessment with Miss X and her father, Mr A. Within this assessment, there are two questions:
• I understand that, depending on financial circumstances, there may be a charge for any eligible services provided by adult social care, and
• I have received information from adult social care regarding charging.

Both these questions were ticked as ‘yes’. This suggests the information had been provided to Miss X and Mr A. Further, the Council also provided Mr X with an information factsheet which also highlighted the Council would complete a financial assessment to decide Mr A’s contributions towards the cost of his care.

6. In her correspondence with the Council, Miss X accepted the Council had told them about a financial assessment. However, she says because they were told the care would be free, they were not concerned about an assessment.
7. Miss X said she was told by a member of staff from a memory clinic that if Mr A had savings of less than £23,000, his care would be free. The Council explained the member of staff from the memory clinic was not a Council officer. The Council also said it had no record it told Miss X or Mr A that his care would be free.
8. An investigation is not justified as there is insufficient evidence of fault. This is because the Council did provide clear information to Miss X and Mr A about the fact it will complete a financial assessment to decide Mr A’s charges. The information provided to Miss X and Mr A was also clear that they may be charges for his care. Further, on balance, I am satisfied the Council did not tell Miss X Mr A’s care would be free.
9. Miss X is also unhappy it took the Council eight months to complete the financial assessment and that it backdated the assessed charges to when the care services started. She wants to only pay for one month of care as she says if they were told earlier there would be a charge, they would have cancelled the care services.
10. However, there is no time limit for how long the Council must complete the financial assessment by, and the Council is entitled to backdate charges to the start of when care services began. Therefore, an investigation is not likely to result in any findings of fault.
11. I have reviewed the Council’s financial assessment and am satisfied it has been completed in line with legislation and guidance. Therefore, the Council is entitled to charge Mr A as it has appropriately assessed he should contribute towards the cost of his care services.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman