Summary: We will not investigate Mr X’s complaint about the Council’s decision that his mother must pay half her income on care fees. This is because there is insufficient evidence of fault. In addition, the Council has already provided an appropriate remedy.

The complaint

1. Mr X complains about the Council’s decision that his mother must pay half her income on care fees. He says he lives with his mother and that the Council has not considered the fact his mother’s income is used to meet the household’s financial expenses.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X lives with his mother, Mrs Z, and is her full-time carer.
6. In January 2024, Mrs Z received non-chargeable care and support services until the end of February 2024. The Council provided evidence it provided Mr X and Mrs Z information that the care and support services are chargeable and that a financial assessment would be completed to determine how much Mrs Z needed to contribute towards the cost of her care and support.
7. The Council completed a financial assessment. The Council accepted it delayed in completing the assessment. As Mrs Z had a weekly income of more than the cost of her care package, she was assessed to pay the full cost of her care. Mrs Z’s maximum contribution was noted to be just over £370 per week.
8. An investigation is not justified as we are not likely to find fault with the way the Council completed the financial assessment. The Council is allowed by law to charge for care and support, and it appropriately completed a financial assessment to determine how much Mrs Z needed to contribute towards the cost of her care and support. I have reviewed the financial assessment and am satisfied it was completed in line with the care and support statutory guidance.
9. Further, I note Mr X’s concerns that the Council has not considered that Mrs Z’s income is used to support them both. However, the Council was not at fault for this as it does not need to consider the financial circumstances of anyone else living in the property who is not Mrs Z’s partner or dependent. The Council appropriately advised Mr X to claim for benefits he might be entitled to.
10. I acknowledge the Council delayed in completing the financial assessment. However, I am satisfied the Council has already provided an appropriate remedy for this. This is because the Council only charged Mrs Z her client contributions from April 2024, even though the chargeable services started at the end of February 2024. Therefore, Mrs Z received a further six weeks of care for free. This remedy goes beyond what the Ombudsman would have recommended.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, the Council has already provided an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman