Summary: We will not investigate Mr X’s complaint about the Council’s handling of his father’s care charges and for backdating some charges. He also complains about the Council not providing his father with any council tax support. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council’s handling of his father’s care charges. He says the Council has incorrectly backdated his father’s charges. He also complains the Council has not provided his father with any council tax support since his father moved to his new address.

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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. Mr X’s father, Mr Z, has a care and support package which has been in place since November 2023. The Council can charge an individual a contribution towards the cost of their care and support. The Council assesses how much an individual can contribute by completing a financial assessment.
6. In March 2024, the Council identified Mr Z was likely not receiving the correct amount of pension credit he was entitled to. The Council advised Mr Z to contact the Department of Work and Pensions to update them on his financial circumstances. In its letter, the Council confirmed that once Mr Z’s pension credit was amended, the increased award would be taken into consideration in his financial assessment.
7. In December 2024, the Council completed another financial assessment for Mr Z because it had received information that Mr Z’s pension credit award had increased.
8. The Council said Mr Z’s pension credit award increased from around £89 per week to just over £332 per week, with effect from 22 April 2024. The Council confirmed it backdated Mr Z’s new assessed contribution from 22 April 2024 as this was the date his increased pension credit was awarded.
9. An investigation is not justified as we are not likely to find fault. The Council appropriately notified Mr Z of his entitlement to an increase benefit and advised him that the increased amount would be taken into consideration once awarded. The Council also followed the correct process by completing a new financial assessment to identify Mr Z’s correct contributions once the increased pension credit was awarded.
10. Further, the Council is allowed to backdate the charges as the charges should have applied from the point Mr Z’s pension credit increased. It is also clear the Council advised Mr Z it would backdate his assessed contributions.
11. I note there appears to be some dispute as to when Mr Z’s increase in pension credit applied. Mr X believes the increase was only awarded in October 2024. The Council provided evidence that shows the increase award applied from April 2024.
12. Mr X also complains the Council has not provided Mr Z with any council tax support. In its complaint response, the Council confirmed it had advised Mr X that an application for council tax support needed to be submitted. The Council said no application has been received.
13. An investigation is not justified as we are not likely to find fault. The Council has appropriately advised Mr X that an application should be made to allow the Council to consider if Mr Z is entitled to council tax support. It is open to Mr X to submit an application.

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Final decision

14. 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