Summary: We will not investigate this complaint about the Council charging Ms X’s father for his care and support. This is because there is insufficient evidence of fault..

The complaint

1. Ms X complains about the Council charging her father for his care and support. She says her father worried about the cost of care and continuously asked the Council about the cost. She also complains the financial assessment completed for her father is wrong.

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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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s father, Mr B, received care and support in his home. Initially, Mr B was not charged for the care services he received as it was reablement care.
6. In April 2023, the Council reviewed Mr B’s care needs. The review determined Mr B needed long term care and support. Evidence shows the Council visited Mr B twice in April to discuss the care he needed and confirmed the care and support services would be chargeable.
7. Mr B was also provided with a letter which detailed he would be charged from the day he first receives care and that this was likely to be before his financial assessment was completed. Mr B signed this letter confirming he had received a copy of the letter.
8. The Council confirmed none of its officers had any concerns about Mr B’s mental capacity during the visits. Mr B also confirmed he managed his finances independently.
9. An investigation is not justified as there is insufficient evidence of fault. The Council provided clear information to Mr B regarding the fact his care and support would be chargeable following a financial assessment. The Council is entitled to charge for care and support services under the Care Act 2014.
10. The Council has also confirmed it recently completed a new financial assessment for Mr B as it was determined he needed long term residential care. If Ms X is not happy with the outcome of this financial assessment, she should make a new complaint to the Council. She can then bring the new complaint to us to consider if she is unhappy with the Council’s response.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman