Summary: The Ombudsman will not investigate this complaint about the amount the Council says the complainant must pay towards the cost of their care. This is because it is unlikely he would find fault by the Council.

The complaint

1. Mrs X has complained on behalf of her son, Mr Y, about the Council’s decision to increase the amount it says he must pay towards the cost of his care.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered Mr Y’s complaint and the correspondence from the Council. I invited Mrs X to comment on a draft of this decision.

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What I found

4. Councils have a duty to arrange care and support for people with eligible needs. It can charge for most of the care and support it provides or arranges, but the amount someone needs to pay will depend on their financial circumstances. To decide how much a person can afford to pay towards the cost of their care the Council must carry out a financial assessment. The financial assessment will take account of a person’s income and capital (subject to some exceptions) and a person’s expenses. Council’s can also take most benefit payments a person receives into account. However after charging, a person must be left with a Minimum Income Guarantee.

What happened

5. Mr Y receives care and support at home which is funded by direct payments from the Council. Mr Y contributes towards the cost of his care. In March 2019, the Council assessed Mr Y’s finances and increased his weekly contribution from £26.55 to £31.60. Mrs X complained to the Council about the increase. She says the amount is significantly higher than Mr Y’s benefit increase over the same period. Mrs X believes the Council is targeting disabled and vulnerable people to support its financial position.

Assessment

6. I will not investigate this complaint about the Council’s decision to increase Mr Y’s care contributions. This is because it is unlikely I would find fault by the Council.
7. The Council is entitled to charge people for the cost of their care. In this case, I am satisfied it followed the requirements in the Care Act when assessing Mr Y’s finances. I understand Mrs X says the amount the Council is now charging Mr Y for his care is too high and not proportionate to the slight increase in income he has received. But the Council properly assessed Mr Y’s finances and the amount it says he must pay towards his care is in line with the financial assessment and the Council’s policy. Therefore, it is unlikely I would find fault by the Council.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is unlikely he would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman