Summary: We will not investigate this complaint about financial assessment for contribution toward adult social care costs. The Council has followed the correct law, guidance and policy to make its decision. So, it is unlikely we would find evidence of fault, even though the complainant disagrees with the Council’s decision. An investigation is unlikely to add to the Council’s investigation or reach a different outcome.

The complaint

1. Ms D says the Council failed to consider all relevant disability related expenditure in a financial assessment for adult social care costs for her relative, Mr E. This is causing financial hardship to maintain the home on half the previous income. This is causing stress and worry. Ms D would like the Council to give a proper consideration to her ability to have enough money to maintain the home.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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 considered the relevant law, guidance and policy when completing Mr E’s financial assessment for contribution toward his adult social care costs. The Council has considered items Mr E requested as disability related expenditure and explained its reasons why it will or will not allow them. I understand Ms D disagrees and is concerned by her financial situation. However, this is not evidence of fault in the Council’s decision or the way it has investigated.
7. Ms D’s situation is worse than it was before, but we cannot say that is caused by any fault of the Council. The Council has correctly advised Ms D to seek advice on any benefits she may be entitled to, which would maximise her income.

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Final decision

8. We will not investigate Ms D’s complaint because it is unlikely we would find enough evidence of fault. We would not add to the Council’s investigation response or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman