Summary: We will not investigate Mrs C’s complaint about delay in calculating her father’s, Mr D’s care costs, or the way the Council communicated with her. This is because further investigation by us could not add to the Council’s responses. We are satisfied with the actions taken by the Council regarding the failings and could achieve no more.

The complaint

1. Mrs C complained the Council’s delay in communication with her about her father’s, Mr D’s, care charges resulted in him paying more for his care than he needed. Mrs C says there is no transparency with the Council and it did not communicate effectively with her.

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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 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)

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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. The Council met with Mrs C, investigated her complaints, and responded. it acknowledged its failings in this case and identified lessons to be learned. It said it will:

• Ensure carers are advised that they can claim carers allowance.
• Ensure the online system is as user friendly as it can be.
• Ensure it gives clear and timely explanations of how having care impacts on finances.

6. The Council provided an explanation of Mr D’s care costs and his client contribution and the explained the refund he was owed. It apologised it did not pick up Mrs C’s initial contact to say his finances were falling below the threshold for full funding. It advised Mrs C either Mr D’s GP or the home can contact specialist continence nurses to assess Mr D for continence wear. Further investigation by us could not add to this.

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Final decision

7. We will not investigate Mrs C’s complaint because we could not add to the Council’s responses or make a different finding even if we investigated. The Council has apologised for its failings and advised of the learning it has implemented. We are satisfied with the actions taken by the Council.

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Investigator's decision on behalf of the Ombudsman