Summary: We will not investigate this complaint about charges for care at home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate due to lack of injustice. There is insufficient evidence of injustice arising from the Council’s fault.

The complaint

1. Ms X complains the Council referred her father, Mr Y, to a care agency without informing them there would be a charge for the care. Ms X says they were explicit with the Council that they did not want chargeable care beyond the free reablement period.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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.

My assessment

5. Reablement support services are for people usually after they have left hospital or when they are at risk of having to go into hospital. They are time-limited and aim to help a person to preserve or regain the ability to live independently.
6. The Council says it made Ms X and Mr Y aware that care beyond the reablement period was not free.
7. And that this is evidenced in the Council’s notes of the home visit on 16 February 2024 where Mr Y signed a form to show he was informed of the charging policy and provided with a financial assessment form.

8. Further, the Council says it sent letters in March and April 2024 asking the financial assessment form was completed. It wrote that otherwise full charges would be applied. And, that officers called Ms X’s mobile in May 2024 but did not get any response.
9. We will not investigate. The Council’s complaints response admits the family were not officially informed in writing the care had been transferred to a care agency once it became clear that Mr Y needed longer term care. While this is fault, it does not represent an injustice as I am satisfied the family were made aware that charges applied to care beyond the reablement period.

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Final decision

10. We will not investigate Ms X’s complaint because it does not meet the tests set out in our Assessment Code. There is insufficient evidence of an injustice arising from the Council’s fault.

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Investigator's decision on behalf of the Ombudsman