Summary: We will not investigate Mr X’s complaint about backdated care contributions. There is insufficient evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council backdated his care contributions after an increase in his benefits. Mr X also complains the financial assessment caused him distress.

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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
• there is no worthwhile outcome achievable by our investigation.

(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

5. Mr X has a care package. In 2022 the Council carried out a financial assessment and determined Mr X did not meet the threshold to contribute towards his care costs. The Council also supported Mr X to apply for Universal Credit. It explained to Mr X that if his benefits increased, he would be required to contribute towards his care costs.
6. In 2025 Mr X’s benefits increased, and he was awarded a backdated payment for the additional benefits he had been entitled to. The Council carried out a financial assessment and determined Mr X was required to contribute to care costs. The Council backdated Mr X’s care contributions for the period covered by the backdated benefits.
7. The Council informed Mr X that an increase in benefits was likely to result in a contribution to his care costs. Mr X had the capacity to manage his finances and managed his own finances. There is insufficient evidence of fault in the Council’s decision to backdate Mr X’s care contributions.
8. Mr X says the financial assessor was unempathetic and their questions caused him distress. The Council says the assessor was seeking to understand Mr X’s financial circumstances to identify what support he may be eligible for. While I appreciate Mr X found the assessment difficult, I have seen no evidence of unreasonable questioning or conduct by the assessor. There is no worthwhile outcome achievable through further investigation of this part of the complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman