The Ombudsman's final decision
Summary: We will not investigate Ms C’s complaint about the Council’s failure to assess Mr B’s finances and discuss his funding status with him or her, his daughter. This is because the Council has acknowledged the delay in completing Mr B’s financial assessment and cancelled the charges. We are satisfied this remedies the injustice caused by fault.
The complaint
Ms C says neither she nor her late father Mr B knew of changes to his funding status and whilst he was alive she routinely paid his care provider for his care. When he died in November 2023, the Council then issued additional backdated invoices for his care they did not know about. Ms C says the Council should cancel all additional invoices, review its procedures and systems, and apologise for the distress caused.
The Ombudsman’s role and powers
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council responded to Ms C’s complaint. It said it invited Ms C to apply for funding consideration in August but did not receive a response. It said its finance team contacted Ms C on 3 October. Ms C said she did not respond because Mr B would not qualify for Council funding. The Council says usually charges would be backdated to the beginning of the placement, in this case May, but it acknowledged there had been delays in completing the financial assessment process and confirming the self-funding status. The Council agreed it would not invoice Mr B for the period 5 May to 3 October 2023 when Ms C confirmed Mr B had finances above the funding threshold. The Council confirmed from 3 October Mr B was self-funding his care and his care provider would invoice him separately for care after 3 October.
The Council has explained what happened and cancelled payment up until 3 October when Ms C informed them Mr B had capital over the threshold for Council funding. We are satisfied the Council’s offer to waive payment remedies the injustice caused by the delay in carrying out a financial assessment for Mr B.
Final decision
We will not investigate Ms C’s complaint because we are satisfied the Council has remedied the injustice caused by fault.
Investigator's decision on behalf of the Ombudsman