Summary: We will not investigate this complaint about delays in the Council completing a financial assessment. The Council upheld the complaint and has agreed to remedy Mr X’s injustice by offering a symbolic payment. It has also apologised and committed to making improvements to its service. There are no wider public interest issues to justify investigating and further investigation by us would therefore not be proportionate.

The complaint

1. Mr X complained about delays in the Council completing a financial assessment for his father (Y). He said the Council did not complete it until after Y passed away and therefore, he is now liable for the cost of Y’s residential care.
2. Mr X also complained the Council included incorrect information about the amount he owed.
3. Mr X said the matters caused extreme distress.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Y began receiving chargeable care in a care home in June 2023. The Council said it provided Y with information about contributing to his care costs and began the financial assessment process.
8. Y sadly passed away in April 2024.
9. In December 2024, Mr X received a letter from the Council telling him he was liable for Y’s care costs. Mr X complained to the Council and said Y should have had the opportunity to contribute to his care costs before his death.
10. The Council upheld Mr X’s complaint and provided apologies, acknowledging the financial assessment process took too long. The Council offered Mr X a symbolic payment of £500 and said it would take steps to ensure financial assessments are completed in a timely manner.
11. The Council also provided explanations to Mr X about the incorrect information included in correspondence it sent. It also apologised about this.
12. The actions taken by the Council are appropriate and an Ombudsman investigation would not achieve anything further. For this reason, we will not investigate. Mr X asked us to consider asking the Council to reduce or cancel the costs and we could not achieve this even if we were to investigate.

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Final decision

13. We will not investigate Mr X’s complaint because the Council upheld the complaint and has agreed to provide a suitable remedy for Mr X’s injustice there are no wider public interest issues to justify an investigation.

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Investigator's decision on behalf of the Ombudsman