Summary: We will not investigate this complaint about the Council charging Ms B for care in her supported living accommodation. This is because there is not enough evidence of fault with the Council’s actions to warrant an ombudsman investigation.

The complaint

1. Ms D complained on behalf of her daughter, Ms B. Ms D says Ms B does not receive care in her supported living accommodation and should not have to pay the amount the Council says she owes. Ms D says Ms B has lived in supported living accommodation for over a year without paying charges and wants the Council to dismiss the charges.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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. The Council explained in response to Ms D’s complaint that Ms B lives in a supported living complex and the support element is chargeable. It says following review, it found some residents were not being charged for their care and support. It did not backdate the charges to the date residents moved into the accommodation but commenced charging from 2 January 2023. It advised Ms B her charges from 2 January to 9 April were £123.36 a week increasing to £137.23 in line with the annual benefit uplift.
6. The Council wrote to Ms B in October and November 2022 and says it discussed the financial implications of residing in supported living accommodation with Ms B in December 2022/January 2023.  The letters sent to Ms B refer to a chargeable service and that she should complete a financial assessment to see whether she should contribute towards her care and support.
7. Supported housing as accommodation is provided alongside support, supervision or care to help people live as independently as possible in the community.
8. Ms B was aware her supported living accommodation includes care charges. The Council has offered Ms B a payment plan to clear the outstanding debt if needed. We could achieve no more. Ms B has benefited from a period before the review when she was not charged for the care.

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Final decision

9. We will not investigate Ms D’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman