Summary: We will not investigate this complaint about the Council’s charges for Mr X’s care. This is because there is not enough evidence the Council is at fault to justify an investigation.

The complaint

1. Ms A complains the Council is charging for her son’s social care, despite a ‘like for like’ package having been free of charge previously.
2. Ms A would like the Council to waive all outstanding fees and agree not to charge for the care going forward.

Back to top

The Ombudsman’s role and powers

3. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council carried out a financial assessment and told Ms A there will be a charge for her son, (Mr X)’s social care.
7. Ms A complained as she said the Council had told her it would deliver a like for like package, and his previous care package had not been charged for.
8. The Council responded to explain each Council has its own charging policy, so it is not bound by what the Council providing the previous package charged.
9. The Council explained it has based its charges on the financial assessment it carried out.
10. A council has a duty to arrange care and support for those with eligible needs, and a power to meet both eligible and non-eligible needs in places other than care homes. A council can choose to charge for non-residential care following a person’s needs assessment. (Care Act 2014, section 14 and 17)
11. Councils are not obliged to have the same charging policy as other Councils. They must carry out a financial assessment to decide what, if any, charges will be applied, and this has been done.

Back to top

Final decision

12. We will not investigate Ms A’s complaint because there is insufficient evidence of fault to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman