The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s management of Ms X and Ms Y’s care costs. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Ms X and Ms Y complained the Council failed to explain or carry out a financial assessment and this has led to stress and confusion over care costs.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by Ms X and Ms Y and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X and Ms Y complained they had received incorrect invoices for their care costs. They said the Council failed to explain their costs to them.
The Council did not uphold their complaint. The Council’s records showed it contacted them to discuss their care packages and to carry out a financial assessment.
The Council confirmed that it classed Ms X and Ms Y as self-funders when they would not provide financial information it needed to carry out the assessment.
Ms X and Ms Y want us to find the Council at fault. The evidence shows the Council has explained its actions to Ms X and carried out assessments using the information provided. An investigation would be unlikely to result in a finding of fault.
Final decision
We will not investigate Ms X and Ms Y’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman