Trafford Council (19 001 002)
Category : Adult care services > Direct payments
Decision : Closed after initial enquiries
Decision date : 14 Jun 2019
The Ombudsman's final decision:
Summary: Mr B complains about the increased contribution the Council requires him to make towards his care costs. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council which is following central government guidance.
The complaint
- On Mr B’s behalf, his representative complains that the Council increased his contribution to his care costs when his income increased so depriving him of the cost of living increases from his benefits.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- In considering the complaint I reviewed the information provided by Mr B’s representative which included the Council’s responses to his complaint. I gave the representative the opportunity to comment on my draft decision and considered what he said.
What I found
- Mr B receives care services which are paid for by the Council and Mr B’s own contribution.
- Under current legislation, a person who receives care and support outside a care home is allowed a Minimum Income Guarantee (MIG), the level of which is set by central government guidance and applies once their daily living costs have been taken into account.
- While Mr B’s income increased due to a raise in benefit rates, the figures set by government for the (MIG) did not so that Mr B’s contribution to his care costs increased accordingly.
- While Mr B’s frustration with this situation is understandable, the Council is obliged to follow government guidance and is properly using the MIG applicable to Mr B which the guidance sets out.
Final decision
- The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman