Summary: We will not investigate this complaint about the Council’s delay in completing its financial care assessment for Mrs X and its decision to charge for care services from the date they started. This is because there is not enough evidence of fault on the central point and any injustice is not significant enough to justify our involvement.

The complaint

1. Mrs Y complained on behalf of her relative, Mrs X.
2. Mrs Y complains there was a delay in the Council completing its financial assessment for Mrs X. Mrs Y also complains the Council did not tell Mrs X that care fees would apply from the date care began.
3. Mrs Y says this has caused distress and financial hardship.

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The Ombudsman’s role and powers

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:
• there is not enough evidence of fault to justify investigating,

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

5. I considered information provided by Mrs Y and the Council.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs Y complains about the Council’s delay in completing its financial assessment of Mrs X and its failure to tell her that care fees would be charged from the date care services began. She wants the Council to only charge for care from the date Mrs X agreed to the charges.
8. The evidence I have seen shows that:
• Mrs X had discussions with a Council social worker shortly before the Council began providing care. The Council’s records show this included advising Mrs X she might have to pay towards the cost of care.
• The week that care began, the Council wrote a letter to Mrs X that stated that it would charge for services from the date services began. One month letter, the Council sent a follow up letter advising the same. We are satisfied, on the balance of probabilities, the Council sent those letters.
• The Council completed its financial care assessment around two and a half months after care began.
9. On the balance of the evidence I have seen it is likely that, early into receiving care, the Council told Mrs X it would charge from the date it began providing care.
10. The time the Council took to complete its financial care assessment may have caused some uncertainty about the fees payable. However, as it is likely Mrs X was aware that care would be charged from the date it began, then I do not consider the outstanding injustice to be significant enough injustice to justify our involvement.
11. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.

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Final decision

12. We will not investigate Mrs X’s complaint about the Council’s delay in completing its financial assessment or its decision to backdate payment for care services provided because there is not enough evidence of fault and any fault has not caused significant enough injustice to justify our involvement.

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Investigator's decision on behalf of the Ombudsman