Summary: We will not investigate Miss X’s complaint about the charges invoiced for her grandmother’s care and support. She says the Council has charged for the care that was scheduled, rather than what was actually provided. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains about the charges invoiced for her grandmother’s care provider. She says the Council has charged for the care that was scheduled, rather than what was actually provided.

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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 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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s grandmother, Ms Z, had assessed care and support needs. A 45-minute lunchtime care visit was arranged for Ms Z to start from mid-November 2024. The Council explained the 45-minute call was an assessed need due to Ms Z no always being compliant with support.
6. Miss X said that initially the care calls were fine but then later the carers only stayed for around 15 mins.
7. The Council said Miss X was contacted at the end of November 2024 to review Ms Z’s care needs and support package and she did not raise any concerns. The Council said it was not until mid-December 2024 when Miss X raised concerns about the quality of support from the care provider, and asking the Council to end the care package. The Council said it actioned this promptly and the care package was ended by following the notice period.
8. An investigation is not justified because we are not likely to find fault. This is because the Council was not given any opportunity to address or review the call times before notice was given on the placement. The normal process would be for the Council to review the care package to identify if it was still meeting Ms Z’s needs. If the review identified that Ms Z’s care and support needs had reduced, then this likely would have led to the care package being reviewed and reduced.
9. Further, given the Council did not have any opportunity to review the care and support package, we are not likely to find fault with the Council invoicing for the call times that were scheduled rather than the time the carers were present for.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman