Summary: We will not investigate Ms X’s complaint about the Council’s financial assessment for adult social care fees. This is because there is not enough evidence of fault by the Council to warrant an investigation and it is unlikely that an investigation by us would lead to a different outcome.

The complaint

1. Ms X complained the Council told her she had to start paying a contribution towards the cost of her care and support package it had arranged for her. She said she could not afford this amount and so had to stop receiving this support. She said not receiving support has negatively affected her.
2. Ms X now wants the Council to carry out a new financial assessment and provide her with support she can afford.

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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, or
• 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X received a package of care support from the Council and previously was not asked to make any financial contributions towards this.
7. In May 2024, the Council sent Ms X a letter and said she would need to start paying a contribution towards the cost of her care support. She said she could not afford to pay the amount the Council said she needed to pay.
8. According to the Council’s case notes, it said Ms X asked to end her support until the Council could arrange a financial reassessment. She said it had not considered all her expenses when assessing her.
9. Ms X’s social worker sent the Council receipts for Ms X’s disability-related expenses. The Council considered the receipts and agreed to include them in any future assessments which may change the amount Ms X would have to pay towards her care. It said it told Ms X’s social worker that if Ms X wanted a new care package, she could request an appointment for a new financial assessment to be completed. The Council said Ms X has not asked for a further assessment since this time.
10. The Council’s case notes say it also offered Ms X support to find different ways of having her needs met.
11. We will not investigate the Council’s decision to charge Ms X for her care and support, because there is not enough evidence of fault by the Council to warrant investigation. The law allows councils to charge for adult social care it arranges. Charges are means tested based on a person’s financial resources. There does not appear to be any fault in the Council’s decision to charge Ms X for her care.
12. Nor will we investigate Ms X’s complaint the Council’s financial assessment was wrong. It has considered the new financial information she has provided and said it will carry out a new assessment if she requests one. An investigation by us is unlikely to achieve a different outcome.

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Final decision

13. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council and an investigation by us would not likely lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman