Summary: We will not investigate Miss X’s complaint about the Council failing to tell her of her son’s requirement to contribute towards the cost of his care. This is because there is insufficient evidence of fault. In addition, an investigation would not lead to any further findings or outcomes.

The complaint

1. Miss X complains the Council failed to provide clear and consistent billing and this led to confusion over her son’s charges. She says she was not told of her son’s requirement to contribute towards the cost of his care. She also complains the Council failed to complete a care review when her son had a change in circumstances.

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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 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))

3. 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

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. Miss X’s son, Mr Z, has care and support needs. Miss X is Mr Z’s Department for Work and Pensions appointee.
7. In July 2021, the Council completed a financial assessment. The Council sent Miss X a letter outlining Mr Z’s assessed contribution. The letter detailed that this charge applied for care at home, including day centre attendance.
8. Miss X said she never received this letter. However, the Council confirmed that Mr Z’s client contributions were being paid without any dispute between 2021 – 2023. It is reasonable to expect Miss X to have questioned the charges at the time if she had not received any information about her son’s assessed contributions. As there is no evidence she raised any concerns, I am satisfied on balance she was aware her son had to pay an assessed contribution towards the cost of his care and support. Therefore, an investigation is not justified as we are unlikely to find fault.
9. In May 2023, the Council completed a care review. This identified provision at a day centre. The Council said Mr Z did not attend the day centre provision between August 2023 and January 2024. As he did not attend the service, Mr Z was not expected to pay any client contribution.
10. The Council confirmed there was an administrative error when Mr Z restarted attendance at the day centre in February 2024. This led to a delay in invoices being raised for Mr Z’s assessed contribution. When the mistake was identified, this led to a backdated invoice being generated, leading to the debt accruing.
11. The Council has accepted it was at fault for this. Miss X wants the Council to waive the arrears. However, I am satisfied this is not appropriate as this places Mr Z in a better position than he would have been if the fault had not occurred. I.e. if the Council had appropriately raised the invoices at the time Mr Z was attending the day centre, he would have needed to pay his assessed contributions. This is still the same position as Mr Z is in now.
12. I am satisfied the delay in issuing the invoice which led to arrears accruing will have caused some frustration and shock. However, the Council has appropriately remedied this by apologising and offering to agree to an affordable repayment plan to enable Mr Z to pay the arrears. Therefore, an investigation is not proportionate as we would not make any further recommendations.
13. The Council confirmed that no care review/reassessment has been completed. However, this is due to Miss X telling the Council that her son does not wish to meet with the allocated worker. The Council said it has been trying to establish how to support Mr Z through communication by email and telephone calls. Therefore, an investigation is not justified as we are not likely to find fault.

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Final decision

14. We will not investigate Miss X’s complaint because there is insufficient evidence of fault. In addition, an investigation would not lead to any further findings or outcomes.

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Investigator's decision on behalf of the Ombudsman