Summary: We will not investigate this complaint about the Council charging Mrs X’s friend for the care and support services she received. She says the Council did not provide clear information that the services were chargeable. This is because an investigation would not lead to a different outcome as the Council has offered a suitable remedy to recognise the injustice caused by the faults accepted.

The complaint

1. Mrs X complains about the Council charging her friend for the care and support services received. She says the Council did not provide clear information that the services her friend received would be charged.

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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:

• we could not add to any previous investigation by the organisation, or
• 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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s friend, Mrs B, received care and support services throughout 2021.
6. The Council investigated Mrs X’s complaint and accepted there had been a lack of communication and clarity regarding what services would be chargeable and which ones would not be. The Council also accepted there was a delay in the financial assessment being completed, which led to further confusion over the charging arrangements.
7. To recognise the distress caused by the faults identified, the Council agreed to waive some charges, amounting to just over £400. Mrs X was unhappy with this remedy offer.
8. Remedies are intended to put the person back in the position they would have been in, if not for the fault. Therefore, in considering whether the remedy offered by the Council was appropriate, I have considered what position Mrs X would have been in if the fault had not occurred i.e. if the Council had provided Mrs B with clear information about what care services were chargeable.
9. The Care Act 2014 provides a legal framework for charging for care and support. It enables a council to decide whether to charge a person when it is arranging to meet their care and support needs, or a carer’s support needs.
10. The financial limit, known as the ‘upper capital limit’, exists for the purposes of the financial assessment. This sets out at what point a person can get council support to meet their eligible needs. People who have over the upper capital limit must pay the full cost of their residential care home fees.
11. Mrs B had over the upper capital limit. Therefore, I am satisfied that if the fault had not occurred, Mrs B would be in same position as she is now. This is because she would still be responsible for paying for the full cost of her care.
12. Mrs B remains responsible for paying for her care and support, but it is recognised the lack of information and clarity provided would inevitably have caused her shock, distress, and frustration. Therefore, this is the injustice that needs to be remedied.
13. The Ombudsman’s guidance on remedies notes that a symbolic financial payment can be made to recognise distress and frustration. This is usually a payment between £100-300. In this case, the Council has offered to waive some of the charges, which amounts to just over £400. Therefore, the Council’s remedy is in line with our guidance.
14. An investigation is therefore not justified as it would not lead to a different outcome. This is because the Council has offered a suitable remedy and we would not make any further recommendations.

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Final decision

15. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome as the Council has offered a suitable remedy to recognise the injustice caused by the faults accepted.

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Investigator's decision on behalf of the Ombudsman