Summary: We will not investigate this complaint about Mr X’s charges for adult social care. There is insufficient evidence of fault by the Council to warrant investigation by the Ombudsman.

The complaint

1. Mr X complained the Council put a care package in place for him and invoiced him, without having properly informed him care was chargeable. He said he felt pressured and intimidated and did not fully comprehend or question what he was being asked to sign. He said the social worker on one occasion took his phone and looked through his personal messages.
2. Mr X said this had caused him significant distress and the Council considered £900 due from him. He wanted the Council to apologise and cancel the charges.

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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), section 34(B))

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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. Mr X says he did not understand care would be charged for, after an initial period of free reablement care following a hospital admission. He says the social worker asked him questions generally about himself, and that he felt under pressure to sign a form.
7. Mr X complained to the Council after receiving an invoice for care charges of £900. The Council explained in its response that its records noted the social worker discussed charging with Mr X and that Mr X had mental capacity to agree to having his financial circumstances assessed.
8. We could not come to any sound conclusions about Mr X’s allegation he was coerced to sign the form without understanding its contents. We could not say what was discussed during verbal conversations. Mr X does not dispute that he signed the form.
9. We also could not come to sound conclusions about Mr X’s allegation the social worker took his phone and looked at his personal messages. The Council explained the social worker had taken some measures they considered necessary to safeguard Mr X from financial exploitation.
10. There is insufficient evidence of fault in the Council’s actions, so we will not investigate this complaint.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman