Summary: We will not investigate Mr X’s complaint about the Council charging his mother for care. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about his mother’s care charges. He says the Council did not tell his mother or family that the care she received would be chargeable. He said they were led to believe the care would be free.

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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 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. Mr X’s mother, Mrs A, was seen by a duty social worker in May 2023 while in hospital. The duty worker completed a care act assessment. Records showed the social worker advised Mrs A of financial contributions towards the care package.
6. The social worker also provided Mrs A with the financial assessment form. This form clearly notes that all care and support services by the Council is chargeable and that a financial assessment form is to determine the amount the individual will need to pay towards any care and support services provided. Mrs A signed the financial assessment form.
7. Mrs A agreed to a once daily package of care to support with her personal hygiene. Mrs A was discharged later that day.
8. In July 2023, the Council contacted Mrs A to confirm care services provided by the Council are chargeable at the point of discharged. Mrs A requested for the care services to be stopped.
9. The Council sent Mrs A a letter outlining she had been assessed as having to pay just over £80 per week towards her care.
10. An investigation is not justified as there is insufficient evidence of fault. The evidence shows the Council had discussed charging with Mrs A and that the financial assessment form she signed details that all care and support services provided by the Council are chargeable. While I appreciate Mrs A and her family feels they were misled, if they were uncertain about the information on the financial assessment form, it is reasonable to expect them to clarify the matter with the Council before signing the form.
11. Further, I acknowledge Mrs A and her family may have been told different information by other organisations about the care being free. However, the Council is not responsible for information that other organisations, such as the NHS, might have provided to Mrs A. The evidence shows the Council had appropriately given the information about charges to Mrs A prior to the care package being arranged.

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Final decision

12. 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