Summary: We will not investigate Mr X’s complaint that the Council failed to tell him about charges for adult social care. Investigation by us would be unlikely to lead to a finding of fault in the Council’s actions.

The complaint

1. Mr X complained via a representative that the Council failed to tell him about charges for adult social care.

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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 or continue 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The documents Mr X sent us show he received social care for at least two years before the matters that led to his complaint. The Council had a duty to reassess finances regularly, not least because the government’s Minimum Income Guarantee changes annually. In its response to Mr X’s complaint, the Council stated it had asked him annually about any changes in his financial circumstances. Mr X has provided a copy of the Council’s letter advising him of the changes the Council made in 2024 after the new financial assessment. While he said he did not receive the letter at the time it was sent, the Council is not responsible for letters lost in the post. And the financial changes would also have been apparent from the first invoice the following month. I also note the Council stated it exercised discretion not to backdate the charges. There is not enough evidence of fault by the Council to warrant investigation by us.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman