Summary: We will not investigate Miss X’s complaint about the Council failing to send her daughter invoices regarding her care contributions between April 2023 and January 2024. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Miss X complains the Council failed to send her daughter invoices regarding her care contributions between April 2023 and January 2024. She said this meant her daughter accrued a large amount of arrears, which has caused distress and frustration.

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The Ombudsman’s role and powers

2. 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 an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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.

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My assessment

5. Miss X’s daughter, Miss Z, receives care and support. In April 2023, Miss Z moved into supported living accommodation. As part of her care plan, Miss Z received one to one support from carers.
6. Miss Z originally used a third party to manage her finances. However, she decided to end involvement with them and took over management herself. The third party told the Council in August 2023 that they had ended managing Miss Z’s financial affairs.
7. In September 2023, Miss Z returned a financial assessment form to the Council. This form detailed that a financial assessment would be completed to determine if the individual was eligible for help with the cost of social care services. The form also detailed that the individual must pay their assessed charges. As Miss Z had available care and support, it was reasonable for her to have used the available support if she did not understand the information outlined in the form.
8. The Council sent correspondence to Miss Z in November and December 2023 regarding the financial assessment form and supporting evidence. However, the Council sent the correspondence to the third party that had previously managed Miss Z’s finances. If we were to investigate, it is likely we would find fault with this as the Council was told the third party had ended its involvement with managing Miss Z’s financial affairs in August 2023.
9. The Council accepted the financial assessment was also delayed and that it was not completed until January 2024. This was despite the Council having received Miss Z’s completed financial assessment form at the end of September 2023. The delay meant Miss Z’s assessed contribution was not calculated until January 2024. The Council backdated the charges to April 2023, as this was when Miss Z first started receiving care and support from her support living accommodation. This is what led to the large arrears being accrued.
10. Further, while the Council did tell Miss X of her assessed charges in January 2024, the Council accepted it could have copied the correspondence to one of Miss Z’s key support worker. This would have ensured Miss Z received support to fully understand the information contained in the letter.
11. I am satisfied the likely fault, and faults already accepted, will have caused Miss Z distress and frustration, especially at finding out she now has a large arrear she must pay back.
12. I acknowledge Miss X wants the Council to waive all outstanding arrears. However, it is not appropriate for me to make this recommendation as it would put Miss Z in a better financial position than she would have been if the fault had not occurred. This is because if there had been no delay in the completion of the financial assessment, the Council would have told Miss Z what her assessed charges were earlier. Miss Z would then remain responsible for paying her assessed care charges. This is ultimately the position Miss Z is in now.
13. However, I am satisfied a symbolic financial remedy is appropriate to recognise the distress and frustration caused by the likely and accepted fault. I therefore asked the Council to consider completing the following:
• Apologise to Miss Z for incorrectly sending correspondence to her old financial appointee and for the delay in completing the financial assessment.
• Make a payment of £200 to recognise the distress and frustration caused by the likely faults. The Council can offset this amount against the arrears still outstanding.
14. Miss X confirmed that a reasonable payment plan has already been agreed between Miss Z and the Council. Therefore, I am satisfied no further action is necessary in relation to the repayment of the arrears.

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Agreed action

15. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

16. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman