Summary: We will not investigate this complaint about the Council’s refusal to allow a discretionary uplift to Mrs B’s Personal Expenses Allowance (PEA). This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Mrs C complained about the Council’s refusal to allow housing expenses for her mother’s, Mrs B’s, 50% share of a property, in her financial assessment for residential care. Mrs C says this is contrary to the Care Act 2014 guidance. Mrs C says Mrs B’s circumstances are such that it would be inappropriate to leave her with only the Personal Expenses Allowance (PEA). Mrs C says the Council should reconsider and make allowances for Mrs B’s share of the housing costs.

Back to top

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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended.

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. PEA is the weekly amount that people receiving local authority arranged care and support in a care home (residents) are assumed to need as a minimum for their personal expenses. For the financial year 2023 to 2024 this amount is £28.25 per week.

Social care - charging for care and support: local authority circular - LAC(DHSC)(2023)1 - GOV.UK (www.gov.uk)

7. The Council considered Mrs C’s request for additional PEA to pay Mrs B’s share of the housing costs but decided in this case not to allow a discretionary payment.
8. Annexe C of the Care Act 2014 statutory guidance says:

46) There may be some circumstances where it would not be appropriate for the local authority to leave a person only with the personal expenses allowance after charges. For example:

d) Where a person’s property has been disregarded the local authority should consider whether the PEA is sufficient to enable the person to meet any resultant costs. For example, allowances should be made for fixed payments (like mortgages, rent and Council Tax), building insurance, utility costs (gas, electricity and water, including basic heating during the winter) and reasonable property maintenance costs.

9. The Council considered Mrs B’s circumstances. It said it agreed to disregard Mrs B’s share of the property in the financial assessment and agreed to include housing cost for the first six weeks, i.e. between 1 January and 19 February 2022. It said Mrs B’s son, owner of the other 50% share who lives in the property is able to fund his responsibilities for bills in the house. It decided not to allow a discretionary payment to Mrs B’s PEA to include housing costs. It said if Mrs C wanted it to consider a Hardship Payment for Mrs B she should provide information for it to consider.
10. The Council has considered Mrs C’s request for additional PEA to cover the cost of Mrs B’s housing expenses and has explained the reasons for its refusal. There is not enough evidence of fault with the actions taken by the Council warranting an ombudsman investigation. In the absence of fault, we cannot comment on decisions taken by the Council.
11. If Mrs C is concerned the Council has wrongly interpreted the statutory guidance it would be reasonable for her to ask court to consider this point. We cannot interpret legislation we can only consider administrative fault.

Back to top

Final decision

12. We will not investigate Mrs C’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

Back to top

Investigator's decision on behalf of the Ombudsman