Summary: We will not investigate this complaint about the Council unfairly charging Mr X for care and support. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council has unfairly charged him for care and support. He says he cancelled the support while the care provider worked with the Council to organise for a social worker to be present during the first visit. He says the care provider sent support workers anyway and charged him for visits.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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.

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My assessment

5. Mr X was assessed as having care and support needs. The Council commissioned a care provider to provide care and support to Mr X.
6. In July 2022, the Council contacted Mr X as the care provider had attempted to visit him, but entry was refused. Mr X told the Council he refused entry as he wasn’t aware who the carers were as the visit had not been previously arranged with him. The Council confirmed it had commissioned the care provider to provide his care and support and told Mr X the care provider would contact Mr X to arrange the visits.
7. In September 2022, the Council spoke with Mr X again as the care provider had contacted the Council to advise Mr X would not meet with the carers unless his social worker was present. The Council told Mr X this was not what a social worker was for and that his care package would be cancelled unless Mr X worked with the care provider. The Council again told Mr X the care provider would contact him to arrange the visits.
8. In October 2022, Mr X asked the Council to cancel the care package. The Council confirmed the care provider had made several attempts to arrange the introductory visits, but that Mr X would cancel the visit each time on the day.
9. The Council confirmed it had invoiced Mr X £150 to cover his assessed care charges of just over £17.50 per week, for the period July to end of August 2022. The Council said the charges only covered a period of eight and a half weeks, rather than the 12 weeks the care package was in place for.
10. An investigation is not justified as we are not likely to find fault with the Council for charging Mr X for care and support. This is because, although Mr X did not receive any services, this was not the fault of the Council or the care provider. The evidence shows the care provider made several attempts to start the care package, but Mr X refused to allow the carers in. Mr X also did not cancel the package until October 2022. Therefore, it is appropriate for the Council to charge Mr X his assessed charges up to the point the care package was cancelled.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman