Summary: We will not investigate this complaint about client contributions for adult social care. That is because the complaint is late and there is no good reason to exercise discretion to investigate.

The complaint

1. Ms X complained after the Council invoiced her for outstanding client contributions to pay for her adult social care. Ms X said when the Council completed the financial assessment in 2016, it told her the assessed contribution would not increase.
2. Ms X also complained about the Council’s decision not to review the 2022 -2023 financial assessment. She said the assessed contribution was too high. She wants the Council to write off the invoiced amount.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council completed a financial assessment for Ms X in 2016. It completed a further assessment with her husband, Mr X by telephone in 2020. In its complaint response, the Council confirmed it wrote to Ms X with the outcome of the financial assessments it completed in 2021 and 2022.
8. The Council completed a direct payment audit in 2023. It identified that Ms X had not paid in all her assessed contribution. The Council invoiced her for the outstanding amount. It waived the increased contributions up to April 2022 in recognition of its failure not to identify the shortfall in client contributions sooner.
9. The Council completed a further financial assessment in 2023. Ms X complained about the assessed contribution. The Council completed a couple’s assessment. That reduced the contribution amount. The Council said it would not review the assessment for Ms X 2022 – 2023 contributions because it was reasonable for Ms X to have asked for a reassessment then.
10. We expect a person to complain to us about something the Council has done within twelve months of it happening. The Council completed the financial assessment and told Ms X the outcome in April 2022. Ms X did not complain to us until December 2023. Therefore, this is a late complaint. The Council’s failure to identify that Ms X had not increased her client contributions until 2023, is not a good reason to exercise our discretion to investigate now. In addition, the Council’s case records do not support Ms X’s assertion she was told her client contributions would not increase.

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Final decision

11. We will not investigate Ms X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman