Summary: We will not investigate Mr X’s complaint the Council has charged him the full cost of his care. There is not enough evidence of fault in how the Council completed the financial assessment to justify our involvement.

The complaint

1. Mr X complained about the Council’s decision to charge him the full cost of his adult social care. He said the Council also delayed in considering his appeal about his contribution. He said he could not afford his care costs and wants the Council to waive his contributions.

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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 Care Act statutory guidance (2024) explains how councils charge for social care. It states that councils can take a person’s income and capital into consideration, including the value of their home, when it is not their main residence.
6. Mr X owns a property. He rents this out and lives elsewhere. In its complaint response the Council said it completed a financial assessment for Mr X in 2023 and 2024. The outcome of that assessment was that he would have to pay the full cost of his domiciliary care as he owned a property that he did not live in; therefore it considered that property an asset.
7. Although Mr X is unhappy with the Council’s decision we will not investigate. He complained to the Council in September 2024 about the charges. It responded in November. We would not consider that a significant delay. The Council has completed annual financial assessments in line with the statutory guidance; it has notified him of the outcome. There is not enough evidence of fault to justify our involvement.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman