Summary: We will not investigate this complaint about financial assessment for adult social care. There is not enough evidence of fault in the process, so we cannot question the outcome.

The complaint

1. Mr D says the Council failed to properly consider Ms E’s Disability Related Expenditure (DRE) when completing a financial assessment for adult social care support. Mr D says it affects his ability to provide care and support to Ms E and wants the Council to reassess.

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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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council meet Ms E’s adult social care needs. Because of this the Council must assess what, if anything, Ms E can afford to pay toward that support. The Council completes a financial assessment at least each year.
8. The complaint is about Ms E’s 2023 financial assessment. This is a late complaint because Ms E has known about her concerns for more than 12 months. However, Mr D has given good reasons why they could not complain sooner and so I have exercised discretion to consider the complaint.
9. Mr D has asked the Council to further consider Ms E’s DRE. The Council did this through the complaint procedure, even though Ms E did not provide the requested evidence of her spending. The Council amended and backdated the reduced amount.
10. There is not enough evidence of fault in the Council’s process, and so the Ombudsman cannot question the outcome of the financial assessment even though Mr D and Ms E disagree with it.

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Final decision

11. We will not investigate Mr D’s complaint because the Council has followed the correct process to consider DRE as part of the financial assessment. Mr D disagrees with the outcome but that is not evidence of fault.

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Investigator's decision on behalf of the Ombudsman