North Yorkshire County Council (22 017 203)

Category : Adult care services > Other

Decision : Upheld

Decision date : 14 May 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s failure to consider Ms B’s application for an increase in contractual rates. This is because the Council has now considered Ms B’s application so there is no unremedied injustice for us to consider.

The complaint

  1. Ms B complained the Council failed to consider her application for an increase in the rates the Council pays for care it commissions services for. Ms B says the Council’s failure to consider her application, increase the contracted rate amount and backdate the amount to when she first applied, places clients in her care at risk of being left without care.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms B’s injustice has been remedied as the Council has now considered her application. We cannot tell the Council to pay the rates Ms B wants or backdate payments. This is a contractual matter which can be decided in the court if necessary. Ms B says the Council’s actions placed vulnerable people at risk of losing their care, but in this case Ms B has not given notice to quit. The Council has confirmed Ms B’s fee increase has been approved. It will be for Ms B to either accept the offer or give the Council notice it will not continue with the contractual arrangements in place if it does not meet the needs of the business.

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Final decision

  1. We will not investigate Ms B’s complaint because the Council has confirmed it has considered her application for an amendment to the contractual rates.

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Investigator's decision on behalf of the Ombudsman

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