Summary: We will not investigate Mrs X’s complaint that the Council informed her that her mother’s care would be free and then sent them an invoice for care contributions. Mrs X also complains the Council delayed in carrying out a financial assessment. The Council’s apology for the delays is sufficient to remedy any injustice caused.

The complaint

1. Mrs X complains one of the Council’s adult social care teams informed her that her mother, Mrs Z’s care at home would be free. She said she was shocked and upset to then receive a bill for over £3000 from the Council which it said was Mrs Z’s contribution towards that care.
2. Mrs Z also complains the Council delayed in carrying out a financial assessment. She said that as a result, they were unable to make an informed decision about what care to choose.
3. Mrs Z wants the Council to waive the outstanding amount owed by Mrs Z.

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The Ombudsman’s role and powers

4. 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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

7. In response to Mrs X’s complaints about the matters in paragraphs 1 and 2, the Council apologised for the delays in carrying out Mrs Z’s financial assessment. The Council said it would not waive the fees owed because Mrs X had received the care and had signed a form which explained Mrs Z may need to pay a contribution towards her care fees if she was found to be able to afford to.
8. Mrs X said she was told the care would be free and she may have made a different choice had she known Mrs Z would have to pay towards her care. However, Mrs Z was assessed and found to need a care package. Therefore, it was likely she would always have had to receive care. And having received that care, the Council is entitled to request Mrs Z contribute after assessing her as having savings and/or income above the legally determined thresholds.
9. Furthermore, Mrs X signed a form to say there might be a charge. Therefore, she was put on notice that Mrs Z may be charged.
10. The Council has apologised for the delays in carrying out Mrs Z’s financial assessment. This is sufficient to remedy any injustice and so further investigation would be unlikely to achieve anything more.

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Final decision

11. We will not investigate Mrs X’s complaint because the Council has already suitably remedied the injustice it caused Mrs Z when it delayed in carrying out a financial assessment.

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Investigator's decision on behalf of the Ombudsman