Summary: We will not investigate this complaint about the Council’s failure to provide information about care charges. This is because there is not enough evidence of fault causing significant injustice and because further investigation is unlikely to achieve a different outcome.

The complaint

1. Mrs Y complains the Council did not tell her father, Mr X, about the cost of care before it started and then delayed notifying for 14 months. Further, it did not send any invoices or a copy of the care plan. Mrs Y says Mr X and his family suffered shock and distress upon discovering the cost. She wants the Council to waive care charges from 2021 to the date notified in 2023.

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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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Both parties agree the Council provided verbal information about care charges to Mr X and then followed this up in writing before care started.
6. Mrs Y says Mr X could not understand the verbal information and no-one checked the written paperwork due to the stress they were under. However, it remains that written information was made available before care started. There is not enough evidence of fault by the Council to justify an investigation.
7. Mr X had the benefit of care from 2021 to 2023 and so we would expect him to pay for this subject to any financial assessment. The Council told Mrs Y it would review financial information provided recently and backdate any changes. This means Mr X will not suffer any financial loss due to any delay in receiving information about care charges. Further investigation by us is unlikely to achieve anything more.
8. Mrs Y complains they did not receive invoices for care. However, I do not consider this caused any further significant injustice.
9. Mrs Y also complains they did not receive a copy of Mr X’s care plan, although the Council says this was provided. It remains for Mrs Y to request a (further) copy from the Council if she wishes. There is not enough evidence of fault to justify investigating.

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Final decision

10. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault causing significant injustice and because further investigation is unlikely to achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman