Summary: We will not investigate this complaint about the Council’s decision to backdate care charges for a period where the complainant was unaware these would be chargeable. This is because the Council has waived all charges for this period and this decision provides a sufficient remedy to any injustice caused to the complainant.

The complaint

1. The complainant (Mr K) complains on behalf of his son (Mr X) who has care needs which are met by the Council. He says the Council has backdated charges for Mr X’s care and support for a period where he was not properly informed these would be subject to charges. Mr K feels the charges are unreasonable.
2. In summary, Mr K says the alledged fault resulted in Mr X receiving an invoice for over £6,000 for backdated care charges which he was not properly informed of from the outset. He says this has caused Mr X significant distress. As a desired outcome, Mr K wants the Council to waive all the backdated charges.

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The Ombudsman’s role and powers

3. 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:

• there is not enough evidence of fault to justify investigating.
• any fault has not caused injustice to the person who complained.
• any injustice is not significant enough to justify our involvement.
• we could not add to any previous investigation by the organisation.
• 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 and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council notified Mr X in February 2024 that his care would be subject to a charges contribution in accordance with the Care Act 2014. It completed a financial assessment determined the amount of the charge the following month. In accordance with the Care Act 2014 and statutory guidance, the Council is entitled to backdate any assessed charges to the date the chargeable care and support began. Despite this, the Council has acknowledged it has been unable to find evidence that Mr X was informed there would be an assessed charge when the care and support began. The Council has therefore written off around £4,400 in respect of assessed charges prior to the completion of the financial assessment.
6. In my view, the decision to waive these charges provides a sufficient remedy to any injustice caused to Mr X due to fault. I recognise Mr K wants all assessed charges waived pending a review of Mr X’s care needs. The Council has declined to do so. There is no evidence to suggest the assessment is subject to fault and the Council’s charges apply to a period where Mr X has been informed his care is chargeable. The Council is entitled to bill Mr X for these charges. We will not therefore consider this complaint further.

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Final decision

7. We will not investigate this complaint. This is because the restrictions outline at paragraph three (above) apply, for the reasons given.

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Investigator's decision on behalf of the Ombudsman