The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s care charges because any injustice is not significant enough.
The complaint
Mrs Y complains the Council charged her father, Mr X, for care without his agreement.
The Ombudsman’s role and powers
We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended) 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs Y and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council met with Mr X to complete a care assessment. This records his care needs and how the Council will meet them. It also records the Council discussed its charging policy with Mr X and explained his contribution towards the cost of care was subject to a financial assessment. The Council says it sent Mr X the financial assessment forms to complete shortly after, though he did not return them.
I cannot see the Council gave Mr X written information about charging or provided him with a copy of his care assessment at the time. However, as there is evidence the Council made Mr X aware care was chargeable; as care was then provided to Mr X and; as I cannot say Mr X would otherwise have been able to meet his care needs, I cannot say any fault caused Mr X significant injustice.
I note the Council has since sent Mr X a copy of his care assessment and recalculated his contributions upon receiving the financial information previously requested.
Final decision
We will not investigate Mrs Y’s complaint because there is not enough evidence of significant injustice.
Investigator's decision on behalf of the Ombudsman