The Ombudsman's final decision
Summary: We upheld Miss X’s complaint about delay in completing a financial assessment for her mothers’ care costs. The Council has agreed to take suitable action to remedy the matter.
The complaint
Miss X complained the Council: delayed completing a financial assessment for her mother, Mrs Z’s, care costs; and wrongly applied retrospective care charges for Mrs Z’s care.
Miss X said this has caused emotional distress and financial strain. She wanted the Council to: review its decision to apply retrospective care costs in light of its own delay; consider a refund or reduction of the backdated charges for the period of delay; and improve its processes to prevent similar issues in the future.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council delayed six months from the beginning of Mrs Z’s care to the completion of the financial assessment for her care costs. The Council apologised for the delay and explained it was due to internal processes.
There is no specified timescale for completing a financial assessment under law. However, we expect Councils to carry out a financial assessment before the care services begin, so people can make an informed choice about what care and support they want. If we investigated this complaint, it is therefore likely we would find the Council at fault.
The Council did not provide Miss X and Mrs Z with an estimate or a reminder regarding care costs. Miss X said this caused financial uncertainty and distress. However, Miss X would have had some knowledge the care would be charged for and could have budgeted throughout this period.
We asked the Council to consider remedying the distress we would likely decide was caused by this delay. Within one month of our final decision, it has agreed to pay £150 to Miss X and £150 to Mrs Z.
I am satisfied the action the Council proposes to take provides a suitable remedy to Miss X and Mrs Z. We will not investigate this complaint.
Final decision
We upheld Miss X’s complaint, and the Council has agreed to take suitable action to remedy the matter.
Investigator's decision on behalf of the Ombudsman