Summary: We will not investigate Mr B’s complaint that his mother, Mrs D did not know Mr D would have to pay for his care. This is because we could not add to the Council’s response or make a finding of the kind Mr B wants.

The complaint

1. Mr B says his mother, Mrs D, was never told her husband Mr D would have to pay for his care when his reablement care ceased in December 2022. Mr B says no one told Mrs D Mr D would have a period of free reablement care then he would have to pay. Mr B says it was not until April 2023 when Mrs D received an invoice for Mr D’s care dating back to December 2022, they knew he would have to pay. Mr B says Mrs D disputes the Council’s assertions that they discussed finances with Mrs D on the telephone and says the Council should have given written information about paying for care. Mr B says without evidence Mrs D was given information about paying for care the Council should withdraw the invoice.

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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. Council case notes for 8 December 2022 record a conversation with the Care Provider providing care to Mr D. It says there are no issues with the care, but Mrs D has asked ‘when they will start to be charged as were aware this has been free for reablement period’.
6. Council case notes for 2 February 2023 record a telephone conservation with Mrs D and support was offered to complete the financial assessment form. It records Mrs D said she could not use the internet and asked that the form be sent in the post. Records state someone from the Visiting Team would arrange to go to Mrs D’s home and help complete the form. The form and contact details were sent to Mr D’s address.
7. It is good practice for councils to provide written evidence to clients about paying for care, but on the available evidence we have seen, we would not be satisfied with a claim Mrs D did not know until April Mr D would have to pay for his care when the reablement package ceased. We could not say what happened to the form that records say was posted. The Council has apologised for the delay in completing the financial assessment form. We could achieve no more than this even if we investigated. On the balance of probabilities records show Mrs D was aware Mr D was receiving free NHS reablement care and knew this would end.

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Investigator's decision on behalf of the Ombudsman