Summary: We will not investigate Ms X’s complaint that the Council failed to tell her she would be charged for the care services she received. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.

The complaint

1. Ms X complains the Council failed to tell her she would be charged for the care services she received. She says she has received a large invoice from the Council.

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The Ombudsman’s role and powers

2. 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)

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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. If we were to investigate, it is likely we would find fault causing Ms X injustice. This is because I am not satisfied the Council provided Ms X with clear information that her care package would become chargeable from the end of January 2024 onwards.
6. In reaching this view, I note the following:
• There is only a single reference to Ms X being told that the care was chargeable in the care assessment. The social worker noted in this document they had made Ms X aware the care was chargeable when provided through social care, subject to the outcome of a financial assessment. Based on this note, I am not persuaded this information was clear. This is because there is ambiguity as to whether the social worker explained to Ms X that her care package was being provided through social care.
• The note also detailed the charges were subject to a financial assessment. Given Ms X did not receive any financial assessment outcome documentation until August 2024, this could likely have led Ms X to believe her care package was free of charge.
• I would have expected the Council to have been able to provide other supporting evidence to show the Council had provided clear information about the charge process, such as follow up letters, provision of charging information leaflets, or entries in Ms X’s case record which detailed exactly what was discussed. In this case, the Council did not provide any further information to evidence clear and unambiguous information about charging was given to Ms X.
• The Council appears to only have sent Ms X financial forms to complete in March 2024. This was after the care package became chargeable.
7. I am satisfied it is not appropriate to ask the Council to waive the full care charges as Ms X would have needed to pay her assessed contributions if this likely fault had not occurred. Further, I do not consider it is likely, on balance, Ms X would have cancelled her care package had she been given clear information about the charges. This was because the evidence shows Ms X needed the support and that it was Ms X who requested the support. Therefore, Ms X is still in the same position she would have been if the fault had not occurred.
8. However, I am satisfied the likely fault will have caused distress to Ms X as she has now received a large bill which she was not expecting.
9. We therefore asked the Council to remedy this by completing the following:
• Apologise to Ms X for failing to provide clear and unambiguous information about her care charges.
• Make a payment of £200 to recognise the distress caused by the likely fault. The Council can offset this against the balance owed by Ms X.
• Agree an affordable payment plan with Ms X to enable her to pay off the outstanding balance over a reasonable period.

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Agreed action

10. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.

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Investigator's decision on behalf of the Ombudsman