Summary: We will not investigate this complaint about charging for adult social care. There is not enough evidence of fault in how the Council completed the financial assessment. We cannot challenge the decision, even though the complainant disagrees with it.

The complaint

1. Ms B says the Council has wrongly calculated her relative, Mr C’s, contribution to his adult social care costs. Ms B says this does not leave Mr C with enough money to live on and wants payments refunded and the charge reduced.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2) and 34C(2), as amended)

3. We have accepted Ms B as suitable to complain for Mr C.
4. 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))

5. 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

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

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My assessment

8. The Council arranges adult social care for Mr C. It must then assess what, if anything, Mr C can pay towards his care. The Council follows rules set out by law, government policy, and its own policy to complete the financial assessment.
9. 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 completed the financial assessment following the correct process. I understand Ms B disagrees and is concerned by costs for Mr C. However, this is not evidence of fault in the Council’s decision or assessment.

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Final decision

10. We will not investigate Ms B’s complaint because there is not enough evidence of fault. The Council properly completed the financial assessment, and we cannot challenge the outcome of that even though Ms B disagrees with it.

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Investigator's decision on behalf of the Ombudsman