Summary: We will not investigate Ms X’s complaint about the Council’s decision to charge her for social care. This is because there is not enough evidence of fault to justify us investigating.

The complaint

1. Ms X complains about the Council’s decision to charge her social care it provided. She says the Council did not tell her she would have to pay for this care and she disagrees that she should have to pay the Council’s invoice.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The evidence I have seen shows that before the Council started providing care, Ms X spoke to a Council representative about care and the need to pay towards this. The Council then sent her a letter with information about care costs and the financial assessment process, including that charges would start from the date care began. After the Council completed its financial assessment, it sent a further letter to Ms X confirming how much she would need to pay and the date payments would start. The Council’s records state it sent both letters by post to Ms X’s home address, which is Ms X’s preferred means of communication.
6. Therefore, I am satisfied it is likely, on balance, the Council told Ms X at the start she would need to pay towards the cost of her care. I do not consider there is enough evidence of fault in the Council’s actions to justify us investigating.
7. I understand Ms X says a carer told her she would not have to pay for the first four weeks of care. Even if this was said, it does not change the information the Council already told her during their initial discussions and in its letters.
8. The Council appreciates the impact of the invoice on Ms X. It has advised us that she can contact the Council to set up a manageable repayment plan to pay the outstanding amount.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the Council’s actions to justify us investigating.

Back to top

Investigator's decision on behalf of the Ombudsman