Summary: We will not investigate this complaint about charging for adult social care. Although there was delay by the Council, it has backdated charges to the correct start date and apologised for its delay in resolving the issue. We are satisfied with the Council’s actions to resolve the complaint, and it is unlikely an Ombudsman investigation would lead to a different outcome.

The complaint

1. Ms B believes the Council overcharged her relative (Ms C) for nursing care. Ms B has spent a lot of time trying to put this right. Ms B wants the Council to repay any overpayment, plus interest and apologise for the distress.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. Ms B has consent from the executors of Ms C’s estate to raise this complaint.
4. 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 fault has not caused significant enough injustice to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms B contacted the Council to ask it to help Ms C with arranging her adult social care in a nursing home.
9. The Council was then responsible to assess Ms C’s care and support needs. If Ms C was eligible for support the Council must assess what, if anything, she could pay toward her care. There are no timescales in law or guidance about how long it should take to complete these assessments. The Ombudsman’s reading of the guidance is the financial assessment should be completed around the same time as the care needs assessment so people know what they need to pay and can make informed decisions.
10. The Council did not cause any significant delay in completing the Care Act assessment of Ms C’s needs and agreeing she was eligible for support. However, the Council delayed by several months in completing the financial assessment.
11. This delay did not cause any significant injustice because the Council has backdated its financial assessment to the date of the care needs assessment and charged Ms C her assessed contribution from that date. So, Ms C’s estate is in the position it would be in even if there were no fault. We could not say the Council was responsible to contribute toward Ms C’s care for a time before it had assessed her eligibility.
12. The Council has apologised to Ms B for the time it has taken to investigate and resolve her complaint, and for her distress caused by that.

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Final decision

13. We will not investigate Ms B’s complaint because we are satisfied with the actions the Council has taken, there is no unremedied injustice for the Ombudsman to address. We would not therefore add to the investigation already undertaken or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman