Summary: We will not investigate this complaint about the Council’s failure to tell Mr B the outcome of his father’s, Mr C’s financial assessment. This is because it is unlikely we would find enough evidence of fault to warrant an ombudsman investigation.

The complaint

1. Mr B says the Council failed to tell him the outcome of his father’s, Mr C’s, financial assessment. Mr B says this failure took away their right to reject or withdraw care, pay in instalments or consider whether Mr C could afford to pay his ongoing care costs. Mr B says he told the Council he had changed address so did not receive the financial outcome letter it says it sent in September 2022, and did not receive the email the Council says it sent advising him of the outcome by email. Mr B says the Council has not provided him with a copy of the email it says it sent on 5 September 2022 and should cancel the invoices amounting to over £4000.

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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 do not start an investigation if we decide 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 the first four weeks of Mr C’s care was free under the Discharge to Assess scheme but from 22 June Mr B was assessed as having enough money to contribute towards his care costs. The Council commenced Mr C’s financial assessment in April 2022. It contacted Mr B in May 2022 to complete the financial assessment on behalf of Mr C and to include any disability related expenditure to be considered in the assessment. The outcome of the financial assessment was sent to Mr B by email and post on 5 September. Mr B says he did not know how much Mr C would have to pay towards his care until he received an invoice amounting to over £4000. Mr B says he told Mr C’s Social Worker of his change of address, but the Council says it has no record of this. We could not make a finding on what was said in a conversation we were not party to.
6. The Council says it sent the notification of the outcome of Mr C’s financial assessment to Mr B by email in addition to the posted copy. Mr B says he did not receive this notification. The Council has provided evidence of the sent email and we could not say why Mr B did not receive it. The Council apologised it only sent the one invoice and advised Mr C could pay his contribution towards his care package in instalments if necessary. We could not add to this point.

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Final decision

7. We will not investigate Mr B’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