Summary: We will not investigate this complaint about charging for adult social care. This is because there is not enough evidence of fault in the way the Council completed the financial assessment and decided how much Mr C must pay. The Council followed the relevant law, guidance and policy to make its decision.

The complaint

1. Ms B said her relative, Mr C, is struggling financially. Ms B believes the Council is charging too much for care contribution towards adult social care support and wants the Council to reduce Mr C’s contribution.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. 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)

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How I considered this complaint

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

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My assessment

6. When the Council provides adult social care, it must assess what, if anything, the person can afford to contribute toward their care. The Council completes a financial assessment following rules set out by government and the Council’s own policy.
7. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has followed the rules to complete its financial assessment. Following Ms B’s complaint, the Council completed a review of the financial assessment, which did not reduce Mr C’s charge. I understand Ms B disagrees and is concerned by the costs. However, this is not evidence of fault in the Council’s decision or the way it has completed the assessment. An Ombudsman investigation would not add to the Council’s investigation or reach a different outcome.
8. The Council can consider costs Mr C has because of his disability; Ms B mentions higher food costs and supplements. The Council has asked Mr C to provide evidence. This is the correct process to allow it to properly assess whether to allow any further disability related expenditure in the financial assessment which might then reduce how much Mr C pays.

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Final decision

9. We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council. It has followed the law, government guidance, and its policy to assess Mr C’s contribution toward his care.

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Investigator's decision on behalf of the Ombudsman