The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s care charges. This is because there is not enough evidence of fault.
The complaint
Mr X complains the Council has assessed his care charges incorrectly. He is also unhappy with its handling of his complaints.
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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Councils carry out a financial assessment to work out how much a person must pay towards their social care charges.
Statutory guidance says councils must leave service users with a minimum income after they have paid housing costs. The minimum income is to meet basic needs, such as buying food.
Following a review in summer 2023 the Council identified that Mr X’s housing costs included a payment for meals. It explained it could disregard the housing costs but Mr X needed to pay for meals himself. It recalculated the care charges due from Mr X from April 2023 to take this into account. This meant Mr X had to pay £54.51 more per week. There is not enough evidence of fault in the Council’s decision making to justify an investigation.
Mr X also complained the Council used the incorrect figure for his pension. However, the Council confirmed it had checked Government records and its figure was correct.
It is not proportionate to investigate the Council’s complaint handling when we are not investigating the substantive matter.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman