Solihull Metropolitan Borough Council (25 016 021)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 28 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss Y's complaint about the Council's charges for her relative, Mr X's, care. There is not enough evidence of fault by the Council to justify us investigating.
The complaint
- Miss Y complains on behalf of her relative, Mr X. She says the Council overcharged Mr X for his care at home, as the care staff did not stay for the full 30 minutes. She said the Council did not properly investigate her concerns about the charges.
- Miss Y says the matter caused distress to her and her family. She wants the Council to review the charges, refund any overpayments and compensate her for the distress it caused.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Miss Y.
- I also considered the Ombudsman’s Assessment Code.
My assessment
- Councils may charge for care and support provided under the Care Act 2014. Where they do so, they must carry out a financial assessment to determine what a person should pay. Charges should reflect the person's assessed care needs and agreed care package.
- In its response to Miss Y’s complaint, the Council explained that it charged Mr X in line with his agreed care package and financial assessment between May 2024 and July 2025. His care package included two daily care calls lasting 30 minutes each. It explained that carers were entitled to leave once they had provided care and completed the tasks as set out in the care package.
- In August 2025, at Miss Y's request, the Council reviewed Mr X's care package to consider reducing the care calls to 15 minutes. It agreed to reduce the calls to 15 minutes, amended the care package and reduced the charges from the date the changes took effect.
- We will not investigate Miss Y’s complaint that the Council overcharged Mr X for his care package. The evidence I have seen shows the Council charged Mr X in line with his assessed care package and financial assessment. After Miss Y raised concerns, the Council explained the charges, reviewed Mr X's care package and reduced the charges to reflect the agreed changes. There was no delay in it doing that. There is not enough evidence of fault by the Council to justify us investigating.
Final decision
- We will not investigate Miss Y’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman