The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council informed Mrs D about charges her mother may have to pay for homecare. There is insufficient evidence of fault to warrant starting an investigation.
The complaint
Mrs D complains about the way the Council informed her about charges her mother may have to pay for homecare. Mrs D said the care provided fell below expected standards and the Council has not confirmed how much her mother must pay. Mrs D wants the Council to vet care agencies it uses and not delay telling people or their family about charges.
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, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant including the Council’s final response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs D’s mother received homecare from two difference care providers. Mrs D says her mother lacks capacity to deal with her financial affairs. Mrs D is her mother’s appointee for benefits from the Department for Work and Pensions (DWP). There is no Lasting Power of Attorney (LPA) or Deputy in place for property and financial affairs.
When the Council responded to Mrs D’s complaint it said it had discussed the need for a financial assessment with her sister. Because Mrs D’s mother did not have an LPA or Deputy to deal with her finances it could not complete a financial assessment or calculate her client contribution. The Council said it was likely the charge would be minimal or nil charge. It said its Finance Team would consider the matter further and let Mrs D know when it had an answer.
We will not investigate this complaint as there is insufficient evidence of fault. The Council has explained why it cannot complete the financial assessment. It has not charged Mrs D’s mother in the meantime. An investigation by us would not lead to a different outcome.
Final decision
We will not investigate Mrs D’s complaint because there is insufficient evidence of fault and further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman