West Sussex County Council (23 011 083)

Category : Adult care services > Charging

Decision : Upheld

Decision date : 30 Nov 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about delay in the Council completing Mr X’s stepfather’s financial assessment. This is because an investigation would not lead to a different outcome.

The complaint

  1. Mr X complains about the financial assessment the Council completed for his stepfather. He says the Council delayed for around eight months before it issued the invoices for care charges and that this has put his mother into financial hardship.

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The Ombudsman’s role and powers

  1. 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 an investigation if we decide investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X’s stepfather, Mr B, received care and support. Mr X’s mother completed the financial forms to allow the Council to complete the financial assessment in November 2021.
  2. The Council did not issue an invoice for care charges until August 2022, nearly eight months after Mr X’s mother had provided the financial forms.
  3. During its complaint investigation, the Council accepted there had been issues which led to a delay in completed Mr B’s financial assessment. This is what led to the delay in issuing the invoice. The Council said it would write off charges amounting to just under £4700.
  4. In response to our enquiries, the Council confirmed it had agreed to write off further charges of £4300. This left a balance of just under £160 to be paid.
  5. The Council confirmed the £160 was the short stay charge for Mr B’s care between 22 and 30 November 2021. The Council said it had explained these charges to Mr X’s mother in November 2021, and that she had signed an agreement to pay this charge in March 2022.
  6. An investigation is not proportionate as it would not lead to any further worthwhile outcomes. This is because the Council has agreed to write off most of the charges and this remedy offer is more than what the Ombudsman could have achieved. In addition, it is unlikely we would find fault with the Council for asking for the remaining balance to be paid as evidence suggests Mr X’s mother was informed of these charges at the time and she agreed for those charges to be paid.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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