Summary: We will not investigate this complaint about the council’s delay in carrying out a financial assessment. investigation would not lead to a different outcome.

The complaint

1. Mrs Y complains the Council delayed in carrying out a financial assessment for her mother, Mrs X’s care contributions.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:
• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

5. The charging rules for residential care are set out in the Care and Support (Charging and Assessment of Resources) Regulations 2014 and councils should have regard to the Care and Support Statutory Guidance.
6. When the Council arranges a care home placement, it must follow the regulations when undertaking a financial assessment to decide how much a person has to pay towards the cost of their residential care.
7. Mrs X moved into a care home arranged by the Council and paid monthly invoices to the Council towards the care costs. In July 2023 the Council requested financial information from Mrs X so they could carry out a financial assessment for her contributions. In August 2023 Mrs X provided the Council with the relevant financial information. Mrs X continued to pay her monthly invoices until she passed away in December 2024.
8. In December 2024 the Council realised it had not completed Mrs X’s financial assessment, and it assessed her financial contribution. The Council then issued a backdated bill for over £11,000.
9. Mrs X’s daughter, Mrs Y, complains on behalf of her late mother about the Council’s delay in completing the financial assessment. She says the delay meant Mrs X was unable to make an informed decision about her care and finances.
10. The Council accept they were at fault for not completing the assessment sooner. They have apologised, said they will improve the service, and offered a financial remedy of £300. I am satisfied this provides a suitable remedy for the injustice caused.

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Final decision

11. We will not investigate Mrs Y’s complaint because doing so would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman