Summary: We will not investigate this complaint about the Council’s handling of a financial assessment as there is insufficient outstanding injustice arising from any fault. Additionally, Mrs X can make an appeal to the Council about what disability related expenses it has allowed.

The complaint

1. Mrs X complains about the Council’s handling of its assessment of her husband’s finances to determine what contribution he should make towards the cost of his care. Mrs X complains about delays and about poor communication, including failures to return calls. Mrs X is unhappy that the Council has not allowed internet costs as a disability related expense (DRE).

Back to top

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 any fault has not caused serious injustice to the person who complained, or it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council, in its complaint response, acknowledged there had been delays in completing an accurate financial assessment and communication issues. The Council apologised to Mrs X for this. It confirmed what the new contribution would be and advised that its earlier decision to backdate this was reversed, meaning no arrears payments would need to be made.
6. I recognise Mrs X remains unhappy with how the matter was handled but the Council has apologised and reversed its decision to backdate charges. As such, I do not consider there is sufficient remaining injustice from the complaint to warrant our further involvement; any investigation by us would be unlikely to achieve any more than what the Council has already done.
7. The Council operates an internal review and appeal process by which Mrs X can challenge the financial assessment, in respect of the DREs the Council has allowed. It is reasonable to expect Mrs X to use this process and we will not therefore investigate.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because there is insufficient remaining injustice arising from it, and Mrs X can challenge the assessment using the Council’s internal appeal process.

Back to top

Investigator's decision on behalf of the Ombudsman