Summary: We will not investigate Mr X’s complaint about his father’s growing care debt. He says his father cannot afford the care bill and the Council has failed to provide any support with regards to this. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about his father’s growing care debt. He says his father cannot afford the care bill and the Council has failed to provide any support with regards to this.

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

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My assessment

5. Mr X’s father, Mr Z, receives a care and support package.
6. The Council completed a financial assessment which determined Mr Z was a full cost payer due to owning a second property which was not his ordinary residence. This meant Mr Z had capital over the maximum threshold of £23,250.
7. In line with the law and statutory guidance, anyone who has capital above the maximum threshold is responsible for paying for the full cost of their care.
8. Mr X has provided some information about the property not being in a condition suitable for being rented out and that even if it was rented out, it would not generate sufficient income to cover Mr Z’s care charges. However, this is not a relevant consideration for the Council as it considers the value of the property.
9. Therefore, an investigation is not justified as we are not likely to find fault. This is because the Council has completed the financial assessment appropriately and is charging Mr Z in line with the law.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman