Summary: We will not investigate Mr X’s complaint that the Council failed to explain how it calculated his care contribution increase. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council failed to explain how it calculated his care contribution increase.

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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. Mr X receives a care package. The Council completes a financial review every year to calculate Mr X’s contributions towards his care package. Mr X says for the 2024/25 financial year his income only increased by 6%, but his charges have increase by 10%.
6. The Council explained the reason for this difference was due to Mr X’s allowed expenses had not increased as these were assessed on a case-by-case basis. The Council confirmed it was happy to reassess his expenses, but Mr X had to send the Council relevant evidence to consider.
7. In response to our enquiries, the Council confirmed it agreed to two allowances in the financial assessment and that these were exceptional expenses to reflect Mr X’s unusual living circumstances. The expenses allowed were for food and electricity costs.
8. An investigation is not justified as we are unlikely to find fault. I have reviewed the financial assessments completed for Mr X and cannot see any evidence of fault in the way it was completed.
9. I note the allowed expenses have not increased in the 2024/25 financial assessment. It is open to Mr X to provide the Council with evidence of his expenses related to food and electricity to show the costs have increased. The Council can then consider this to decide if Mr X’s allowed expenses should increase.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman