Summary: We will not investigate this complaint about the amount Mrs Y was asked to contribute to her residential placement. That is because further investigation would not lead to a different outcome. Her daughter Mrs X can ask the Council to review the financial assessment if she believes it is based on incorrect information.

The complaint

1. Mrs X complained on behalf of her late mother, Mrs Y. She said in a meeting with the Council, it told her Mrs Y’s client contribution to her residential placement would be £200 a week. She said the Council then charged Mrs Y double that amount. Mrs X wants the Council to reduce Mrs Y’s assessed client contribution.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In the Council’s complaint response, it confirmed it had sent Mrs X information about charging for residential care. It said it had not completed the financial assessment when it met with Mrs X therefore, it would not have been in position to advise on Mrs Y’s client contribution. It said it was more likely the conversation she had with the Council was about how its charging policy worked. It accepted that conversation might have been confusing.
6. The Council said it had completed Mrs Y’s financial assessment based on old information as it had not received a new financial assessment form. It asked Mrs X to complete a new form if the information it had used was wrong. It said she could appeal the financial assessment if the assessed contribution was not affordable for Mrs Y.
7. Although Mrs X is unhappy with the Council’s response, we will not investigate this complaint further. We were not present during the meeting between the Council and Mrs Y, therefore, we cannot confirm what the Council said. In any event, the Council is entitled to charge for care. It completed an assessment and decided Mrs Y could afford the client contribution. Further investigation by the Ombudsman would not lead to a different outcome. Mrs X can ask the Council to review the financial assessment if it is based on inaccurate information. It is then appropriate for her to use the Council’s internal appeal process if she believes the financial assessment is incorrect or the assessed contributions unaffordable.

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Final decision

8. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman