The Ombudsman's final decision
Summary: We will not investigate this complaint about funding of adult social care. We are satisfied with the actions the Council has taken in response to the complaint. It has accepted fault, apologised for the distress caused and waived over £400 of client contribution. The Council has explained its calculations.
The complaint
Ms C says the Council got the calculations wrong when it says her relative, Ms D, owes £3000 for her adult social care. This has caused distress to Ms C following surgery. Ms C wants the Council to reassess rather than her having to put calculations and evidence together. Ms C also says she never has respite from her caring role.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms D receives direct payments from the Council to use to meet her adult social care needs. Each year the Council audits the direct payment account. The Council says there is a surplus in the account which it will recover. It is not asking Ms D to pay anything.
The Council has accepted fault in giving wrong information and not considering an overpayment Ms D made into the account. It has apologised and waived over £400. The Council has explained its calculations and says there is still surplus in the account which it will recover. Ms C disagrees but has not explained what she thinks is still wrong.
Ms C says she never gets respite, but there is no evidence she has put this complaint to the Council. Ms C should do that first. If the Council has not done a carers assessment for Ms C it should offer this.
Final decision
We will not investigate Ms C’s complaint because we are satisfied with the actions the Council has taken in response to the complaint. Although Ms C disagrees with the Council’s calculations that is not a reason for us to recommend reassessment. The Council has apologised for the distress caused by its poor service and has waived over £400 of fees. It is unlikely we would achieve a different outcome.
Investigator's decision on behalf of the Ombudsman