Summary: There was no fault because Mrs X received information about charging for social care and there is no evidence she was told by the Council that Mr X would get free care for six weeks. The records indicate the Council assessed Mr X was needing long-term care and support which is chargeable from day one. So the Council was not at fault in charging him.

The complaint

1. Mrs X complained for her relative Mr X the Council charged them for six weeks of care which they had been told would be free. She said this caused a financial loss and avoidable stress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)

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How I considered this complaint

3. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
4. Mrs X had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

5. A council must carry out an assessment for any adult with an appearance of need for care and support, applying national criteria to decide if a person is eligible for care. (Care Act 2014, section 9)
6. Councils must be transparent so people know what they will be charged. There should be enough information available so they can understand any charge. (Care and Support Statutory Guidance (CSSG), paragraphs 8.2 and 8.3)
7. Councils should provide or signpost to advice and information when people come into contact with them. They should provide information to help people understand what they may have to pay, including an explanation of the charging framework (Care and Support Statutory Guidance, paragraph 3.43)
8. Adult social care is chargeable, apart from reablement care which is free for up to six weeks. Councils have the legal power to charge for care which isn’t reablement care. If they do so, they must carry out a financial assessment to determine how much the person should pay.
9. The financial limit, called the upper capital limit sets out what point a person can access local authority funding for care. The upper limit is £23,250. If a person has savings (capital) over the upper capital limit, a council may charge them the full cost of their care. (CSSG paragraphs 8.11 and 12)
10. Intermediate/reablement/ rehabilitation care is a structured programme of care provided for a limited time to help a person maintain or regain the ability to live independently. Reablement is a type of intermediate care which has a focus on helping the person regain skills and reducing their needs through providing services in the home. (Care and Support Statutory Guidance Paragraphs 2.12 to 14)
11. Intermediate/reablement/rehabilitation care must be provided free for up to 6 weeks. (Care and Support Statutory Guidance, paragraph 8.14)

What happened

12. Mr X was in an NHS-funded facility between November 2024 and May 2025. The NHS-funded facility referred Mr X to the Council for a social care assessment in March 2025, saying Mr X would need a care package when he was discharged home.
13. The Council carried out a social care assessment between March and May 2025. Mr X was eligible for care and support. The records indicate Mrs X received a copy. Under the heading ‘rehabilitation potential’, the form said Mr X had completed his rehabilitation period and would need a care package after discharge and there was a discussion about charges.
14. The Council emailed Mrs X a link to an electronic leaflet about social care and support provision called the independent living guide. The leaflet included information about charging for social care.
15. Mrs X told me other organisations had informed her that Mr X was entitled to a free period of six weeks of care after discharge.
16. Letters from the NHS to Mr and Mrs X in March 2025 said Mr X was not eligible for free NHS long term care and so would need to be assessed by the council through a financial assessment and may need to pay a charge for some or all care.
17. Mr X had to pay the full cost of his care because of his assets/income. The Council commissioned his care package with an agency and care started in May 2025.
18. The Council charged Mr X from the day after care started. Mrs X complained to the Council having received an invoice which included charges for the first six weeks. She also spoke to Mr X’s social worker. The social worker denied saying care would be free and recalled saying Mr X’s care would be chargeable and few people got a free service.
19. The Council did not uphold the complaint saying in its response that free care was not an automatic entitlement, only adults who are discharged under a Discharge to Assess pathway can get it.

Findings

20. Adult social care and support in the home is chargeable unless it is reablement, intermediate or rehabilitation care which is free for up to six weeks. There is no automatic entitlement to the free six-week period and the charge is dependent on the type of care in place. Mr X had already reached his rehabilitation potential at the NHS facility and so the Council’s social care assessment said he did not need home-based rehabilitation, but instead a long-term package of care and support. The complaint response explained the various pathways to discharge and that Mr X’s pathway meant he was not entitled to the free six-week period. This is in line with guidance and there is no fault. There is no written evidence Mrs X was told by the Council that Mr X would get free care. And she received appropriate general advice and information through the Council’s independent living guide about charging for care and support. This was in line with CSSG as I have set out in paragraphs six and seven.

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Decision

21. I find fault no fault.

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Investigator's decision on behalf of the Ombudsman