Summary: There was some fault by the Council in the way it communicated with Ms X about her support hours, and in the number of hours she received. The Council agrees to acknowledge the reduced support and distress Ms X suffered by a payment to her.

The complaint

1. Ms X complains she has received fewer care hours than she was assessed as needing.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

4. I have considered all the information provided by Ms X together with the Council’s response to the complaint and information provided by the Council to this office. I have also taken account of relevant legislation.

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What I found

Relevant legislation

5. The Care Act 2014 establishes a legal entitlement for individuals to have their needs for care and support met. Local authorities (councils) are responsible for ensuring this occurs. 
6. The Act gives local authorities a legal responsibility to provide a care and support plan. When preparing a care and support plan local authorities must involve any carer the adult has. The support plan may include a personal budget which is the money the council has worked out it will cost to arrange the necessary care and support for that person.
7. Section 27 of the Care Act 2014 requires local authorities to keep care and support plans under general review to ensure they continue to meet the person's needs.

Background

8. Ms X has physical and mental health issues and a sensory impairment, all of which impact on her day-to-day life. The Council determined Ms X has eligible care needs under the Care Act and she receives home care services commissioned by the Council.
9. In 2024, Ms X moved into a supported living facility. The Council commissioned a care agency to provide 17 hours support per week. Additional to the support provided by the care agency Ms X began receiving 3.5 hours support per week from in-house carers at the supported living facility.
10. A review of Ms X’s support needs was undertaken in August 2024 and a revised support plan written when she moved into the supported living facility.
11. Ms X contacted the Council on 19 December 2024 to request a reduction in care hours due to financial reasons. Subsequently, the care hours were reduced
12. Ms X was dissatisfied with the care provided by the care agency. The Council established Ms X had not been receiving the full allocated care hours and provided a credit of £41.64 in an invoice generated in June 2025
13. In February 2025, Ms X requested her care hours be reduced to 10 per week. Ms X says she only received 6 hours care per week, which she says has impacted on her health and wellbeing. She believes the Council continued to pay the care agency for 10 hours care per week. Ms X informed the Council she was not receiving the full allocated hours from the care agency.
14. Ms X believes she was charged for care hours she had not received.
15. Ms X had a change of care provider from February 2025
16. Ms X received a backdated credit of £41.64 in the June 2025 invoice for reduced care from the care agency that provided care for January and February 2025. She paid less for her care between 16 June and 22 June, and 23 June to 29 June with agreement from the care agency.
17. The Council partially upheld Ms X’s complaint. It says on reflection it should have contacted Ms X to establish if she needed communication in a specific format sooner. It said however, “the contribution you make towards the cost of your care is an amount determined following an assessment of your finances and this charge will not alter with the changes made to your support reducing from 17 to 10 hours requested by you”.
18. The Council says care hours were reduced at Ms X’s request as she could not pay the assessed contribution at the same time as making repayments towards other debt to the Council. It reiterates that her assessed contribution would not have altered, as this was less than the cost of 10 hours support.
19. Since July 2025 Ms X has received 7 hours support from a different provider (as specified in her most recent assessment and support plan).
20. Ms X raised other concerns about an unexpected invoice received from the Council. The Council explains “A payment plan was agreed with (Ms X) for her account in December 2024, commencing in January 2025 to work towards clearing outstanding arrears… Although (Ms X) makes an additional payment, there is an ongoing shortfall against balances as that the payments do not clear the agreed amount.”
21. The Council says Ms X’s social worker will discuss finances with her. It says it will also support her with a welfare check and consideration of possible Disability-related Expenditure.

Analysis

22. It is not the Ombudsman’s role to decide if a person has social care needs, or if they are entitled to receive services from the Council. The Ombudsman’s role is to establish if the Council has assessed a person’s needs properly and met the eligible needs.
23. The Council’s records show there has been variation in the provision of Ms X’s support hours, sometimes at her request, but for a period from February to July 2025 she was receiving less than the support specified in her support plan. That has now been rectified but Ms X lost some support she should have had.
24. As the assessed financial contribution would have remained the same, I do not consider that any injustice arose in that respect.

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Agreed Action

25. Within one month of my final decision the Council will ensure it discusses Ms X’s finances with her and consider how she can be better supported with her expenditure.
26. Within one month of my final decision the Council will offer Ms X a payment of £200 to recognise the effect on her of its failure to communicate properly and in a suitable format.
27. Within one month of my final decision the Council will also offer Ms X £300 to recognise the reduced service she received for some months from that specified in her support plan.
28. The Council should provide evidence it has complied with these recommendations.

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Final Decision

29. I have completed this investigation on the basis there was some fault on the part of the Council which caused injustice to Ms X, which will be rectified by the recommendations set out in paragraphs 25 – 27.

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Investigator's decision on behalf of the Ombudsman