Summary: We will not investigate Mr X’s complaint about the Council’s handling of his late father’s care charges. He says the Council delayed in completing a financial reassessment and delayed in notifying his father of an increase in his care contributions, leading to a debt. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains about the Council’s handling of his late father’s care charges. He says the Council delayed in completing a financial reassessment and delayed in notifying his father of an increase in his care contributions. This led to his late father accruing a debt.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X’s father, Mr Z, received care and support. Mr X was paying his assessed charges by direct debit.
6. If we were to investigate, it is likely we would find fault. This is because the Council accepted it delayed in completing a financial reassessment/review. The Council said it did not complete a financial reassessment/review until July 2023. This reassessment/review identified that Mr X’s contributions had increased for the 2022/23 and 2023/24 financial years. The Council sent Mr Z a letter in July 2023 detailing this.
7. I am satisfied the delay in completing the reassessment/review in turn delayed Mr Z being informed of the increase in his care contributions. This resulted in the debt accruing because the increased contributions were backdated to April 2022.
8. The Council also acknowledged during its complaint investigation that there was a variable direct debit in place which meant the Council could have amended the amount being debited. Therefore, once the Council had notified Mr Z of his increased contributions in July 2023, it could have amended the direct debit to prevent Mr Z from accruing further arrears. However, Mr Z and his representatives remained responsible for ensuring he was paying the correct assessed charges as notified in July 2023.
9. Finally, if we were to investigate, it is likely we would find fault with the Council’s handling of Mr X’s complaint. This is because the Council delayed in responding to the complaint for around three months.
10. I do not consider it is appropriate for the debt to be waived. The purpose of our remedies is to put the person affected back in the position they would have been if the fault had not occurred. In this case, if the Council had not delayed in completing the financial reassessment/review, the Council would have notified Mr Z of his increased contributions earlier. Mr Z would then have been responsible for paying the assessed contributions. This is still the same position as Mr Z’s family is in now. Therefore, to recommend the debt is waived would put Mr Z/his estate in a better financial position than he would have been in if the fault had not occurred.
11. However, I am satisfied the likely faults will have caused frustration, and time and trouble. Therefore, I asked the Council to consider remedying the injustice caused by completing the following:
• Apologise for the delay in completing Mr Z’s financial reassessment/review and the subsequent delay in notifying him of the increase in his care contributions.
• Make a payment of £200 to recognise the frustration caused by the delayed financial reassessment and notification.
• Make a payment of £100 to recognise the time and trouble caused by the poor complaint handling.

Back to top

Agreed action

12. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

Back to top

Final decision

13. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman