Summary: We will not investigate this complaint about adult social care charges. It is unlikely we would add to the Council’s investigation or reach a different outcome.

The complaint

1. Ms B says the Council failed to send her the financial assessment form for her relative, Ms C’s, adult social care. The Council allowed a debt to accrue, before threatening formal action. Ms C is worried about the debt and cancelled her care support.

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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 causing a significant injustice, 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))

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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. When the Council provides someone with adult social care support it must assess what, if anything, they can pay toward that support.
6. The Council sent Ms C a financial assessment form to complete because Ms C can manage her own finances. Ms C does not have a power of attorney or deputy to manage her finances. The Council has apologised to Ms B that it did not get Ms C’s consent to write to her about Ms C’s financial care and finances so it could also send her the form. There was nothing preventing Ms C from giving the form to Ms B to complete or from Ms B contacting the Council to chase up a form when she did not receive one.
7. The Council did not receive a completed financial assessment form, and so it wrote to Ms C confirming she was responsible to pay the full cost of her care support. The Council sent regular invoices which Ms C did not pay. Over a year later the Council told Ms C it may take formal action over the non-payment.
8. Ms B found the letters about the care charges and contacted the Council to cancel the care and find out what happened. The Council has reassessed Ms C’s financial contribution now it has further information and reduced the debt. The Council has offered a repayment plan for the debt.
9. It is unlikely the Ombudsman would find enough evidence of fault causing significant injustice. Ms C received care which she knew the Council might charge for. The Council has kept Ms C informed about her care charges. The Council was correct to write to the person using the service. Ms C thought the invoices were a mistake and took no action; this is not fault of the Council. Ms B queries why the Council left the non-payment for over a year before it took any formal action, but that does not cause any significant injustice. Even had the Council taken formal action sooner, Ms C continued to take no action about the debt.

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Final decision

10. We will not investigate Ms B’s complaint because it is unlikely we would add to the Council’s investigation or achieve a different outcome. Ms C has received care and is responsible to pay toward that care. The Council has offered a repayment plan which is sufficient action in response to any delay chasing the debt.

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Investigator's decision on behalf of the Ombudsman