Summary: We will not investigate Ms X’s complaint that the financial assessments completed by the Council failed to account for her daughter’s high support needs. This is because her complaint is late and there are no good reasons to consider the late complaint. In addition, there is insufficient evidence of fault.

The complaint

1. Ms X complains the financial assessments completed by the Council failed to account for her daughter’s high support needs. She says this meant the Council incorrectly charged her daughter without justification.

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The Ombudsman’s role and powers

2. 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)
3. 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

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. Ms X’s daughter, Miss Z, receives care and support.
7. Ms X appears to be challenging Miss Z’s assessed charges since 2020. Ms X noted she did challenge the charges in September and October 2020, but that she did not receive a satisfactory response. Therefore, this is evidence Ms X was aware of her concerns at the time.
8. I am satisfied there are no good reasons for us to exercise discretion to consider Ms X’s complaints about the financial assessments completed between 2020 -2022. This is because if Ms X was not happy with the Council’s decision, it was reasonable for her to have complained to us at the time.
9. I am satisfied we can consider a complaint about any financial assessments completed within the last 12 months.
10. The Council completed a financial assessment in October 2023. The Council confirmed Ms X did not return the financial assessment form and so it had completed the assessment based on information previously provided and from the Department of Work and Pensions (DWP). The Council wrote to Ms X to notify her of Miss Z’s charges and outlined her appeal rights.
11. Ms X complained. In response to Ms X’s complaint, the Council completed a review of the financial assessment. The Council confirmed Ms X provided some further information about Miss Z’s disability related expenditure (DRE). Following the review, Miss Z’s assessed contributions reduced as the financial assessment took account of Miss Z’s DRE.
12. An investigation is not justified as we are not likely to find fault. It is noted the Council completed the assessment based on existing information due to Ms X not returning the financial assessment form. Once further information was provided about Miss Z’s DRE, the Council appropriately reviewed the financial assessment.
13. The Council completed another financial reassessment in November 2024. Again, the Council confirmed Ms X did not return the financial assessment form and so it had to rely on information previously provided and from the DWP. The Council sent Ms X a letter to tell her of Miss Z’s assessed charges and outlined how to appeal. The Council confirmed it had not received any appeal.
14. An investigation is not justified as we are not likely to find fault. While I can see the November 2024 does not take into account as much DRE, the Council is not at fault for this. This is because the Council cannot just apply the same DRE as previously allowed without evidence. Therefore, the Council appropriately applied the maximum its policy allows without evidence. It is open to Ms X to provide the Council with evidence of Ms X’s DRE to allow the Council to consider it.

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Final decision

15. We will not investigate Ms X’s complaint because her complaint is late and there are no good reasons to consider the late complaint. In addition, there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman