Summary: We will not investigate Mr X’s complaint that the Council failed to tell him he might be charged for his care. The Council has waived some of the charges. An investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council failed to tell him he might be charged for his care package. Mr X says that as a result, he has incurred charges he cannot afford to pay which has caused him distress.

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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:

• 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

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

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My assessment

5. In December 2023, Mr X began to receive a package of home care. The Council recorded it had a conversation with Mr X the month before his care started when it told him he may have to contribute towards his care.
6. The Council recorded it had another conversation about Mr X’s possible financial contributions towards his care in December.
7. In January 2024, the Council visited Mr X twice. During the first visit, on 8 January, it told him how much he would have to pay towards his care. Mr X said he could not afford the amount and the Council signposted him to an advice agency and also discussed ways in which I could change his care package to something he thought he could afford. At the second home visit, the Council recorded Mr X said he wished to continue with his care. Mr X denies saying this.
8. At the end of February, Mr X cancelled his care package.
9. The Council charged Mr X for his care contributions from 8 January to 28 February. Mr X says he should not have to pay this because he did not agree to pay any contributions and he cannot afford them.
10. We will not investigate this complaint. The Council has waived Mr X’s contributions for the period before it confirmed what they were. It is reasonable for the Council to charge Mr X from 8 January which was when the Council informed him how much he should pay. Therefore, an Ombudsman investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman