Darlington Borough Council (24 007 871)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about care charges incurred by his father. The Council has agreed to a proportionate way to resolve the complaint.
The complaint
- Mr X complained his father Mr Y, has been charged £9000 for care received between February 2023 and October 2023. Mr X said he and Mr Y were told by the Council the care would be funded.
The Ombudsman’s role and powers
- 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s father, Mr Y received care in a care home after leaving hospital between February 2023 and October 2023.
- Mr X and Mr Y met with Council officers at the beginning of Mr Y’s care and were given an information leaflet that provided basic information on charging. Mr X and Mr Y were told a financial assessment would need to be completed and this could take up to 12 weeks.
- Mr Y did not receive a financial assessment until October 2023.
- In its complaint response to Mr X, the Council accepted there is a delay in completing a financial assessment for Mr Y. The Council have been unable to explain why the delay, which is significantly over the 12 weeks that was advised to Mr X and Mr Y, occurred. Under the Care Act, 2014, Councils should provide an indicative timescale for the assessment and must keep the person informed throughout the assessment process.
- I am satisfied the Mr X and Mr Y were, at the start of the care, provided with information relating to charges for care and therefore this doesn’t mean the charges aren’t payable or the debt should be wiped. This is because if the likely fault had not occurred, i.e., the Council had assessed Mr Y without delay, then the situation Mr Y would have been in, is the same.
- Therefore, the injustice to remedy is the uncertainty caused by the delayed financial assessment.
- Mr Y has passed away since the complaint was raised with the Local Government and Social Care Ombudsman.
Agreed Action
- The Council has agreed to write and apologise to Mr X for the frustration and uncertainty caused by the delays in completing a financial assessment for his father.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman