Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her brother’s financial assessment. This is because the Council offered to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains about the Council’s handling of her brother’s financial assessment. She complains the Council failed to complete annual financial reviews, sent letters to her brother despite her mother being the financial representative, and sent a large invoice to reclaim backdated charges.

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The Ombudsman’s role and powers

2. 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 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

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. Mrs X’s brother, Mr Z received care and support. Mr Z paid a contribution towards his care charges.
6. The Council explained Mr Z’s mother failed to update it when Mr Z started to receive universal credit payments. This meant the financial uplifts that occurred every year were not accurate.
7. The Council said it did send the annual financial uplift letters to Mr Z. However, it accepted it was at fault for this as it should have sent the letters to Mr Z’s mother instead as she was his financial representative. I am satisfied this fault meant there was missed opportunity for Mr Z’s mother to have identified the financial information being used to calculate Mr Z’s contribution were not correct.
8. In response to our enquiries, the Council has reconsidered its position. The Council has accepted it failed to fully appreciate the implications of its actions in incorrectly sending the financial assessment letters to Mr Z. Therefore, the Council has decided not to backdate the charges and has instead agreed to only charge from the date the new financial assessment was completed. This is November 2024.
9. In addition, the Council offered to make a symbolic financial payment of £200 to recognise the impact of incorrectly sending the financial uplift letters to Mr Z and to recognise the time taken in having to escalate the complaint. The Council’s remedy offer is in line with our guidance on remedies.

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Final decision

10. We have upheld this complaint because the Council offered to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman