Summary: We will not investigate this complaint about charges for adult social care. There is not enough evidence of fault to justify an Ombudsman investigation. The Council has explained how it followed the rules to calculate what Ms C must pay and has checked its position with its legal team. The Council has followed the correct process to reach its decision.

The complaint

1. Mr B says the Council’s calculation of adult social care charges for his wife, Ms C, is wrong. Mr B says Ms C receives Employment and Support Allowance (ESA) with her pension, and so the two incomes are taxed together. But the Council does not allow for the tax on the ESA and takes the full amount into account in the financial assessment. Mr B says this is unfair and has a financial impact.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the Care Act 2014 and associated statutory guidance.

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My assessment

7. Ms C lives in a residential care home. The Council arranges Ms C’s care placement and must assess what, if anything, Ms C can pay towards that care support.
8. The government set rules the Council must follow to calculate what a person can pay. The Council has explained to Mr B how it has followed those rules. The Council has also sought advice from its legal team.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an Ombudsman investigation. The Council has followed the correct process to reach its decision, and so the Ombudsman cannot criticise the outcome even though Mr B disagrees with it.

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Investigator's decision on behalf of the Ombudsman