Summary: We will not investigate Mr X’s complaint about being charged for social care services. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find fault with the Council’s actions taken after carrying out a financial assessment.

The complaint

1. Mr X complains about being charged £75.11 weekly for care services received in his home. Mr X says he cannot afford it.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

My assessment

6. A council can choose to charge for non-residential care following a person’s needs assessment. Where it decides to charge, the council must follow the Care and Support (Charging and Assessment of Resources) Regulations 2014 and have regard to the Care Act statutory guidance. (Care Act 2014, section 14 and 17)
7. The Council’s complaint response says the weekly charge was calculated after carrying out a financial assessment of Mr X’s income. It also says officers have spoken to Mr X several times to explain the reasons for the charge. It says it is his choice if he wishes to proceed with the care or not.
8. We will not investigate. This is because we are unlikely to find fault with the Council’s actions taken after applying its charging policy and financially assessing Mr X.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman