Summary: We will not investigate this complaint about the Council recovering care fees. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complains the Council:
• Communicated with her poorly about the need for a financial assessment; and
• Charged her father, Mr Y, for client contributions towards his care.

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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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating (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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. A council has a duty to arrange care and support for those with eligible needs, and a power to meet both eligible and non-eligible needs in places other than care homes. A council can choose to charge for non-residential care following a person’s needs assessment. Where it decides to charge, the council must follow the Care and Support (Charging and Assessment of Resources) Regulations 2014 and have regard to the Care Act statutory guidance. (Care Act 2014, section 14 and 17)
6. Mr Y has a medical condition and Mrs X manages his finances.
7. In summer 2023, the Council assessed Mr Y’s needs and completed a care plan which included day centre provision. In autumn 2023 the Council completed a financial assessment to calculate Mr Y’s client contributions and issued a backdated bill for 4 weeks’ provision in line with its policy. There is not enough evidence of fault in the Council’s decision making so I will not investigate further.
8. Mrs X says the Council did not tell her the day centre provision was chargeable. The documents I have seen indicate Mrs X was aware of the need for a financial assessment to calculate Mr Y’s contributions towards his care. There is not enough evidence of fault to justify further investigation.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence to justify an investigation.

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Investigator's decision on behalf of the Ombudsman