Summary: We will not investigate this complaint about charging for adult care services. There is not enough evidence of fault in how the Council reached its final calculation of Miss X’s disability-related expenditure to warrant investigation by us.

The complaint

1. Mrs X complained on behalf of Miss X, for whom she holds lasting power of attorney. She said the Council had failed to properly calculate disability-related expenditure when assessing Miss X’s liability to contribute to her care charges. She wanted the charge reduced to zero.

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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, or
• any fault has not caused injustice to the person who complained.

(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

The Council accepted that its initial calculation of Miss X’s liability was incorrect when Mrs X challenged it. Mrs X maintained that Miss X still had costs the Council should have taken into account when it issued its revised assessment.

However, the Council could take the view that Miss X did not require a chaperone in a Motability vehicle. It also provided copies of bank statements that would allow it to reach a view that claimed rent payments were not made either monthly or weekly by Miss X to Mrs X. It could therefore take a view that a rental agreement had been drawn up with the purpose of avoiding charges for care.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman