The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council increasing Mr X’s parent’s assessed contributions towards the cost of their care and failing to inform them of this in writing. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains the Council increased his parent’s assessed contributions towards the cost of their care and failed to inform them of this in writing. He says this led to his parents’ accruing arrears.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s parents receive care and support. The Council completed a financial assessment for both Mr X’s parents in June 2020 to work out how much they needed to contribute towards the cost of their care. This assessment led to an increase in charges for both Mr X’s parents from August 2020.
The Council wrote to Mr X’s parents in June 2020 to notify them in writing of their new assessed charges. The letter detailed their assessed contributions would increase from August 2020.
The Council provided evidence Mr X called the Council in June 2020 to query the increase in charges. This suggests, on balance, it is likely Mr X had read the letters sent to his parents. Therefore, he would have known about the increase in his parent’s assessed contributions from August 2020.
The Council also completed another financial assessment for Mr X’s parents in September 2021. As part of this assessment, the Council appropriately identified Mr X’s parents did not receive pension credit until December 2020. The Council amended the assessed charges to take this in account.
There is no evidence to suggests the financial assessments completed by the Council were incorrect. Therefore, Mr X’s parents are responsible for paying their assessed contributions.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman