Summary: Mr B says the Council charged his parents for care they did not receive and which the Council had said they would not be charged for. There is no fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr B, complained the Council charged his parents for care they did not receive and which the Council had said they would not be charged for.
2. Mr B says the Council’s actions have caused his parents distress.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints of injustice caused by maladministration and service failure. I have used the word fault to refer to these. The Ombudsman cannot question whether a Council’s decision is right or wrong simply because Mr B disagrees with it. He must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3))
4. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and Mr B's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
6. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What should have happened

7. The Care Act 2014 gives councils the power to charge for care and support services they provide or arrange. Charges may only cover the cost the council incurs. Where a council decides to charge it must do so in line with the Care and Support (Charging and Assessment of Resources) Regulations. It must assess how much the person can afford to pay by completing a financial assessment.
8. The Care and Support Statutory Guidance 2014 makes it clear the approach to charging for care and support needs should be clear and transparent so people know what they will be charged.
9. The Council’s charging for adult social care policy says following a financial assessment the Council will send a written record to the person or their appointed representative. That written record will show:
• any figures used within the calculation;
• the method of calculation;
• the maximum weekly assessed charge calculated by the financial assessment;
• the actual weekly charge based on planned level of care and support (i.e. the personal budget);
• details about paying charges and personal contributions;
• an explanation of how variations from planned service can alter the actual weekly charge (but not the maximum assessed charge).

What happened

10. The Council carried out an assessment of Mr B’s father in July 2019. That assessment identified the need for a two hour sitting service twice a week to support Mr B’s mother in her caring role. Mr B says that service never began and there is no evidence the Council charged for it before March 2020.
11. The Council carried out a financial assessment. The Council wrote to Mr B’s father in November 2019 to confirm his maximum contribution towards the cost of care would be £258.55 per week. The letter made clear Mr B’s father would be charged either that amount or the full cost of the service received if that was lower.
12. The Council carried out a further assessment at Mr B’s parents’ home in February 2020. That identified the need for two 30 minute visits per day to provide care to Mr B’s father, alongside the sitting service. The social worker followed that visit up with a telephone call to Mr B’s mother on 17 February to explain what had been agreed and the maximum charge.
13. The Council cancelled the sitting service in March 2020 due to Covid 19.
14. The Council asked Mr B to complete a further financial assessment in May 2020. That resulted in Mr B’s parents having to pay £263.95 per week as the maximum charge. Mr B’s mother cancelled the package of care at that point.

Analysis

15. Mr B says the Council unreasonably sought to charge his parents for care provision which they did not receive and which they were told would not be charged for. The evidence I have seen satisfies me two assessments took place in this case. The first assessment in 2019 resulted in the Council putting in place a twice-weekly two hour sitting service so Mr B’s mother could attend activities while carers sat with her husband. I am satisfied the Council carried out a financial assessment and wrote to Mr B’s father to explain the maximum charge he would have to pay. I am therefore satisfied both that the Council properly assessed the sitting service provision and that it notified Mr B’s mother and father the service would be charged for. I therefore cannot criticise the Council for charging for the sitting service up to the point at which it was suspended due to Covid 19. However, I note the Council did not in any case seek to charge for the sitting service until after the February 2020 assessment.
16. The second assessment took place in February 2020. I am satisfied Mr B’s mother and father took part in that assessment, which resulted in the Council putting into place one hour care provision seven days a week. The Council did not carry out a further financial assessment as the overall charge remained within the assessed contribution the Council had already notified Mr B’s mother and father about. While it would have been helpful to confirm in writing the provision now in place I am satisfied the Council’s social worker spoke to Mr B’s mother by telephone following that care assessment. The note from that telephone call shows the social worker explained what provision was in place for Mr B’s father, that it would be chargeable and that the amount Mr B’s father would pay would be the assessed contribution he had already been notified of. As I am satisfied the Council explained the provision it had put into place and that the provision would be chargeable I cannot criticise the Council for issuing invoices for the care provided.
17. In reaching that view I understand Mr B’s concern given carers often provided little care during visits. The documentary records I have seen satisfies me this was because Mr B’s mother had already completed most of the tasks the carers were supposed to undertake by the time the visit took place. I understand Mr B’s concern about the charges in those circumstances. However, as I said in the previous paragraph, the Council had carried out an assessment with Mr B’s mother and father and had subsequently confirmed the provision that would be in place on a daily basis. The Council had also explained the service would be chargeable. If Mr B’s mother did not consider the service necessary or that she preferred to carry out the care tasks herself I would have expected her to tell the Council or care provider that and cancel the care package. There is no evidence Mr B’s mother did that until May 2020. I therefore cannot criticise the Council for the charges made before that date.

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Final decision

18. I have completed my investigation and do not uphold the complaint.

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Investigator's decision on behalf of the Ombudsman