Summary: We will not investigate Ms X’s complaint about the Council’s charging for extra care housing. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about the Council’s charges for extra care housing. She says the Council did not make her aware of the weekly charge before she moved into her flat. She says the matter is causing distress and financial hardship. She wants the Council to cancel the charge.

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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 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council charges residents that live in its extra care housing schemes for the care and support they receive. The level of charge depends on how much support a person receives each week.
6. The Band 1 charge of £8.91 per week applies for residents who receive between 0 and half an hour care support each week. The charge applies even for those who receive no care support, to cover the cost of assistive technology within the extra care housing scheme.
7. Ms X moved into extra care housing in May 2023. She says the Council did not make her aware of the charge before she moved into her flat, and so she should not have to pay the charge.
8. We will not investigate this complaint. The Council has provided us with evidence to show it both provided Ms X with written information about the charges and discussed the charges with her before she signed the tenancy agreement. There is insufficient evidence of fault to warrant an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman