Stockport Metropolitan Borough Council (23 000 795)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 25 May 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council refusing to help Mrs X’s husband with his care fees. This is because an investigation would not lead to a different outcome.

The complaint

  1. Mrs X complains her husband cannot pay his care fees and the Council will not provide support with his care charges.

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The Ombudsman’s role and powers

  1. 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 investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X’s husband, Mr X, has paid for the full cost of his care since 2015.
  2. In response to our enquiries, the Council confirmed it last completed a calculation to work out when Mr X would drop below the capital threshold of £23,250 in June 2022. It says the result of this calculation was that Mr X would not drop below the capital threshold until 2026.
  3. The Council completed a more in-depth calculation in May 2023 following our enquiries. It said it did this as it realised the previous calculation had not considered the increase in Mr X’s care fees and the increase in his income. The Council said the new calculation determined Mr X would be eligible for support with his care charges from May 2023.
  4. Even if we were to investigate, we would not recommend anything further. This is because the Council has appropriately remedied the situation by completing the new calculation and recognising Mr X is now eligible for support.

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Final decision

  1. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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