The Ombudsman's final decision
Summary: Ms X complained the Council failed to properly assess her son’s financial contributions towards his care and handled her complaint poorly. She says this caused her distress and uncertainty. We have not found fault with the Council.
The complaint
Ms X complained the Council: failed to properly assess what her son should pay towards his care as it did not properly consider his disability-related expenditure; and failed to deal with her complaint properly.
She said this caused her distress and uncertainty for a period of several weeks.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered the information provided by Ms X and the Council.
I considered the relevant law and guidance as set out below.
I considered comments that both Ms X and the Council made on my draft decision before making a final decision.
Law and guidance Charging for care under the Care Act Where a council arranges care and support to meet a person’s needs, it may charge the adult, except where the council is required to arrange care and support free of charge. The overarching principle is that people should only be required to pay what they can afford.
Financial assessments and disability-related expenditure Councils should carry out an annual financial assessment to determine what a person can afford to contribute towards the cost of their care.
If a council takes a disability benefit into account in the assessment, they must also assess disability-related expenditure in the financial assessment.
Disability-related expenditure is costs that arise from needs due to a disability or long-term health condition, which are not being met by the council. The Care and Support Statutory Guidance says councils must leave individuals with enough money to pay for disability-related expenditure.
Disability-related expenditure can include but is not limited to, costs towards the maintenance of disability-related equipment, above average heating costs and internet access, where these are essential costs due to the person’s disability.
Councils should not be inflexible in the costs it accepts and should always consider individual circumstances.
What I found
What happened Ms X’s son is a disabled adult with a care plan.
Since 2010, he has paid a contribution towards the care he receives in his supported living accommodation.
In June 2021 the Council carried out a financial assessment to decide how much Ms X’s son should pay towards his care.
In its assessment, the Council refused several claims Ms X made for disability-related expenditure on her son’s behalf. It approved his internet costs but not subscriptions to TV and music services.
Ms X made a complaint to the Council as she disagreed with its decision. The Council was several days late in acknowledging her complaint due to staffing issues at the time.
Nine days after Ms X’s complaint was received, the Council invited Ms X to a meeting to discuss the disability-related expenditure. A few weeks later the meeting took place and the Council approved all the disability-related expenditure.
The Council did not write to Ms X confirming that it had concluded their complaints process as it understood that the meeting to resolve the issue was sufficient.
My findings
Initially, the Council refused some of Ms X’s claims for certain disability-related expenditure. However, it changed its decision following the meeting with Ms X where she provided further information about her son’s needs. There was no fault in the Council’s actions.
The Council was several days late in acknowledging Ms X’s complaint and it did not inform Ms X in writing following the meeting that it considered the complaints process was then closed.
However, Ms X’s concerns were resolved within several weeks of her complaint. Therefore, I do not find fault leading to a significant injustice for Ms X.
Final decision
I have completed my investigation and have not found fault with the Council.
Investigator's decision on behalf of the Ombudsman