Summary: We will not investigate this complaint about the Council’s refusal to pay a higher rate for care Mrs B provided to Mr C when the Council delayed in providing care. This is because we could not add to the Council’s response or make a different finding even if we investigated.

The complaint

1. Mrs B is A Shared Lives Carer. Mrs B complained the Council should pay her a higher rate than her usual contracted rates when she provided care the Council delayed in arranging for Mr C who lives with her.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs B is unhappy that the Council has refused to pay her for care she provided to Mr C from November 2018 to April 2019 and from July 2020 to October 2020. This was during a period when Mr C had no personal assistant in place to provide his care.
6. The Council agreed Mrs B should receive payment for care she provided to Mr C during these periods at her usual pay rate. Mrs B says she should receive a higher rate because a Personal Assistant is paid a much higher rate than she receives. The Council says although Mrs B provided care, it was not that of a personal assistant and refused her request.
7. Mrs B has asked the Ombudsman to consider her complaint. We could not say Mrs B should now have a retrospective contract to cover a higher hourly rate for periods of care she provided to Mr C between 2018 and 2020. Mrs B has a contract with the Council, and it has agreed to pay Mrs B for the care she provided at her contracted rates.
8. Mrs B says she had to leave hospital two days before she should have been discharged because there was no one to care for Mr C. I have not investigated this point. Mrs B can ask the Council to consider her complaint about lack of care and support to Mr C whilst she was unavailable to provide it.

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Final decision

9. We will not investigate Mrs B’s complaint because we could not add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman