Summary: Mr X complained about the Council’s delay in assessing Mr Y’s adult social care needs and a delay in arranging funding after Mr Y’s capital fell below the limit. This caused an injustice to Mr X who was put to avoidable time and trouble pursuing the Council and avoidable stress as the care home was pursuing him for outstanding costs in a period the Council should have been assisting financially. We asked the Council to remedy the injustice and it agreed to apologise, make a payment to Mr X, and by sharing the learning with relevant staff.

The complaint

1. Mr X complained about the Council’s handling of his late father, Mr Y’s adult social care and financial support. In particular, he complained the Council:
• initially said it was not responsible and told him to approach a different council;
• delayed in carrying a Care Act assessment;
• delayed in carrying out a financial assessment; and
• only agreed to backdate funding to April 2023, which meant the family remained responsible for the period from September 2022.
2. Mr X said there was poor communication and multiple delays in responding, which caused stress and meant he was put to avoidable time and trouble pursuing the matter. He also said the care home threatened legal action in relation to outstanding costs, which added to the stress caused.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr Y moved to a care home in 2022, at which point he was paying his own care fees in full.

September 2022 to October 2023

9. In September 2022, Mr X contacted the Council for support with funding Mr Y’s care fees as Mr Y’s capital had reduced. Mr X complained the Council initially failed to accept responsibility for carrying out a Care Act assessment and financial support and told him to contact another council. After accepting responsibility in late 2022, the Council carried out a Care Act assessment in March 2023 and a financial assessment in November 2023.
10. We usually expect people to complain to us within 12 months of the events they are complaining about. Mr X complained to us in October 2024 about events from September 2022. I have seen no evidence Mr X could not have complained to us earlier and therefore I have not exercised discretion to consider the period prior to October 2023.

Financial assessment

11. When it carried out its financial assessment in November 2023, the Council agreed to back-date funding to April 2023. This appears to be because this was the date the needs assessment confirmed Mr Y’s care needs meant he needed residential care.
12. Mr X challenged this decision, and I have seen evidence that both he and the care home chased the Council for a resolution. In addition, Mr X said the care home was threatening legal action in relation to outstanding care costs.
13. Mr X complained in June 2024 and in its stage 1 response in August 2024, the Council agreed to back-date the funding to September 2022. It asked Mr X to provide further documents so it could carry out a financial assessment for the full period September 2022. Although Mr X was unhappy at having to provide further documents, it was not fault for the Council to request these so it could calculate Mr Y’s assessed contribution towards the cost of his care.
14. In a further complaint response in October 2024, the Council set out how it had calculated the assessed contribution for the period September 2022 to April 2023 and agreed to issue a credit for the overpayment by the family in that period. It said it would contact the care home to settle the outstanding care fees. However, it reminded Mr X there was an outstanding bill for Mr Y’s care costs from April 2023 after the credit had been applied.
15. If we investigated the complaint further it is likely we would find the Council at fault for its initial failure to back-date the financial support to September 2022 when Mr Y's capital fell below the upper capital limit, and for its delay in resolving the matter when Mr X challenged its decision. These faults caused Mr X an injustice because he was put to avoidable time and trouble pursuing the Council to resolve the matter and avoidable stress due to enforcement action by the care home. We therefore invited the Council to take the following action and it has agreed to carry out these steps within one month of the date of this decision:
• apologise to Mr X in line with our guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice;
• pay him £300 to remedy the injustice caused; and
• share the learning from this complaint with relevant staff.
16. The Council has already provided evidence that it has settled the outstanding care fees with the care home.

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Final decision

17. We have upheld Mr X’s complaint, which the Council has agreed to resolve by providing a proportionate remedy for the injustice caused and improving its service for others.

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Investigator's decision on behalf of the Ombudsman