The Ombudsman's final decision
Summary: We will not investigate this complaint about a financial assessment of Miss X’s care costs. There is not enough evidence of fault by the Council to warrant investigation by us.
The complaint
Miss X said the Council did not calculate her care costs properly. She said it did not include all her costs and asked her for a contribution sum she could not afford. She said a social worker misled her by telling her to put invoices to one side.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s letter of response to Miss X’s complaint considered the costs she said she had. It stated that weekly sums she was claiming to spend on food and toiletries did not match the receipts she had provided. It could decline to accept claimed expenses not matched by receipts.
The Council’s letter also stated that expenditure relating to her child was not disability-related expenditure. It would not be fault for the Council to consider such expenditure as not related to Miss X’s disability.
It is unlikely that further investigation would lead to any finding about what a social worker may have said to Miss X about her liability to pay charges.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence off fault by the Council to warrant investigation by us.
Investigator's decision on behalf of the Ombudsman