Summary: We will not investigate Mr X’s complaint about delay in the Council completing a financial assessment for his wife. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains about delay in the Council completing a financial assessment for his wife. He says they were unaware they had to pay towards the care his wife received. He says they would have cancelled the care package had they been made aware of the charges earlier.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X’s wife, Mrs Z, received a care package, which started in November 2023.
6. The day after her care package started, Mrs Z signed a financial information acknowledgment which confirmed she had been given a copy of the Council’s charging policy and that she had been informed a financial assessment would be completed to see if she had to pay towards the cost of her care.
7. Further information was provided by the Council in December 2023. This information again confirmed Mrs Z might be required to contribute towards the cost of her support and that she agreed to pay any contribution required.
8. Therefore, I am satisfied there is sufficient evidence to show the Council provided Mrs Z with appropriate information to make her aware that there might be a charge for the care and support services she received. This was sufficient information for her to make an informed decision as to whether she wanted to receive the care package arranged.
9. However, it is acknowledged there was delay in the Council completing the financial assessment. The Council has appropriately apologised for the delay. I am satisfied the fault accepted will have caused Mrs Z some distress, especially due to now finding out how much she owes the Council.
10. We therefore asked the Council to remedy this by apologising and making a symbolic financial payment of £100 to recognise the distress caused by the delay in completing the financial assessment. The Council can offset this amount from any outstanding debt owed by Mrs Z.

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Agreed action

11. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman