The Ombudsman's final decision
Summary: We will not investigate this complaint about the level of care charges. This is because any minor fault in the Council’s provision of information has not caused significant injustice warranting investigation.
The complaint
The complainant, who I refer to here as Ms Q, complains on behalf of her aunt, A, that her care charges have unfairly been increased, and that she has not had an updated financial assessment.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms Q.
I considered information from the Council consisting of an email confirming that the complaints procedure and the financial assessment had been completed.
I considered the Ombudsman’s Assessment Code.
The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.
My assessment
Miss Q says she was told that A’s care charges would not be increased when her care provision changed, and complains they have now been unfairly and unexpectedly increased by a significant amount, whereas her income has not gone up.
The Council explains that Miss Q was informed after a financial assessment, that there was a maximum assessed charge that A could be required to pay. However, as the cost of her care provision at the time was significantly lower than the maximum assessed charge, she was charged only the actual cost.
When it was proposed to increase A’s care provision, Miss Q was told, accurately, that the maximum assessed charge would not increase. However, as the new cost is higher than the maximum assessed charge, A is now required to contribute the full maximum assessed charge.
Miss Q says the Council did not explain that the actual amount A would need to pay, would go up if her care provision increased. However, it is clear from the financial assessment and letter of September 2020 that this would be the case.
Although the Council acknowledges that there were minor issues in its relating to details of dates in its correspondence, the financial information provided was accurate, so no significant injustice was caused.
Additionally A now has an updated financial assessment.
Final decision
I will not investigate this complaint. This is because any minor fault by the Council has been acknowledged, and did not cause significant injustice.
Investigator's decision on behalf of the Ombudsman