Summary: We will not investigate this complaint about financial assessment for contribution to adult social care fees. The Council has followed the rules and so there is not enough evidence of fault.

The complaint

1. Ms B says the Council’s financial assessment for contribution toward adult social care fees is incorrect. Ms B says the Council fails to account for the Graduation Retirement Benefit and the Additional State Pension parts of the state pension. Ms B says this makes her financially worse off.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. 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.

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My assessment

6. When the Council provides adult social care to someone, it must also assess what if anything the person can pay for that care. The Council follows rules set down by central government about how to complete the financial assessment.
7. The Council has followed the rules in this case and so there is no evidence of fault. The Ombudsman cannot question or criticise the Council’s decision even though Ms B disagrees with it.

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Final decision

8. We will not investigate Ms B’s complaint because there is not enough evidence of fault, and an Ombudsman investigation would not reach a different outcome.

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Investigator's decision on behalf of the Ombudsman