Lancashire County Council (23 000 266)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 11 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council introducing a charge for telecare services. This is because there is not enough evidence of fault to justify investigating. The Council followed the correct process to decide its change of policy, so the Ombudsman cannot criticise it.
The complaint
- Ms B complains about the Council’s decision to start charging for telecare services. Ms B worries with all costs rising, she might not continue with the service.
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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and information available on the Council’s website.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Telecare refers to monitoring systems that can use a range of electronic devices, such as personal alarm buttons worn on the body, or motion detection. It is a way of monitoring people to help them live with greater safety and independence in their own home.
- Ms B has telecare services from the Council. The telecare service used to be free, but the Council decided to charge for the service from April 2023.
- The Council followed the correct process to make its decision. It put a report to a Cabinet of elected Councillors, who made the decision considering the results of consultation, relevant law, and the benefits and risks of introducing a charge for the service.
- The Council’s decision impacts Ms B financially, but the Ombudsman cannot say that impact is because of fault of the Council. The Council followed the correct process and made the decision knowing some people would be impacted financially. The Ombudsman cannot say the Council’s decision is wrong, even though Ms B disagrees with it.
Final decision
- We will not investigate Ms B’s complaint because there is not enough evidence of fault to warrant investigation.
Investigator's decision on behalf of the Ombudsman