Summary: We will not investigate Mr X’s complaint about a financial assessment in 2023 and that the Council has refused to explain why he was not charged for care between 2018 and 2023. Part of the complaint is late and there is insufficient injustice to warrant an investigation.

The complaint

1. Mr X complains about a financial assessment completed in 2023. He says its calculations were incorrect and that he could not afford his assessed contribution. He said he had no choice but to cancel the care at the time, which has left him vulnerable and isolated. He also says the Council has refused to answer his questions and explain to him why he was not charged for care between 2018 and 2023.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code. This states we will only normally investigate where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by the service provider.

Back to top

My assessment

6. The Council completed a financial assessment with Mr X in June 2023. This calculated his assessed personal contribution towards the cost of his care. Mr X disagreed with the assessment and complained to the Council. The Council reviewed the assessment but determined its calculations were correct. It did not uphold his complaint. In its final complaint response to Mr X in September 2023, the Council directed him to us if he remained dissatisfied. Mr X brought the complaint to us in March 2025.
7. We will not investigate this complaint about the financial assessment because it is late. Mr X could have approached us sooner and so we will not investigate now.
8. More recently, Mr X has asked the Council for an explanation of why he was not charged for care he received between 2018 and 2023. He says the Council have refused to answer his questions. We will not investigate this. Mr X was not charged for care during this time and so has not suffered any financial loss. Any frustration caused by the Council’s responses to his questions is not a significant enough injustice to warrant an investigation by us.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because part of the complaint is late and any injustice is not significant enough to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman