Council to give staff refresher training on charging for adult social care after failure to give woman clear information
The Local Government and Social Care Ombudsman has found West Sussex County Council at fault for failing to provide clear charging information in relation to an elderly woman’s care and support and for “significant delays” in completing a financial assessment.
Outlining the background to the case, the Ombudsman said Mrs X complained about the council’s decision to charge her mother, Mrs Y, for her care and support, after first saying there would be nothing to pay.
Mrs X said the council did not give enough information about charging and the financial assessment process at the outset, the report noted.
Further, Mrs X complained there was a delay with the financial assessment, meaning Mrs Y owed a “significant sum” in backdated charges.
Investigating the complaint, the Ombudsman found that although Mrs X said the social worker told her Mrs Y would not have to pay for her care, the only evidence of this came from Mrs X’s “own recollection”, and in her emails to the council when challenging the financial assessment.
The Ombudsman said: “I reviewed the council’s case notes and its correspondence with Mrs X and Mrs Y. I have not seen evidence from the Council’s records that it said Mrs Y would have nothing to pay.”
However, the Ombudsman did find the council at fault for not providing clear charging information in writing at the start, and for “significant delays” completing a financial assessment.
The report stated: “A form completed by the social worker states they gave Mrs X information leaflets about charging, which was standard practice. However, the council has no record of this and cannot show it sent the leaflets. It also gave no indication about what Mrs Y’s contribution might be. The council was therefore at fault for not providing clear information in writing about charging at the outset.”
The Ombudsman noted that it took the council’s financial assessment team over seven months to contact Mrs X to start Mrs Y’s financial assessment.
The report said: “The statutory guidance says councils should carry out a financial assessment over an ‘appropriate and reasonable’ timeframe. Seven months is a significant delay and was fault by the Council.”
By the time West Sussex completed Mrs Y’s financial assessment, her care package had been in place for over eight months.
The Ombudsman noted it was therefore “distressing” for Mrs X and Mrs Y to receive a large bill in backdated charges.
However, the investigation found no fault in the financial assessments themselves.
The Ombudsman said: “The council was entitled to charge Mrs Y, and she received the care. I therefore cannot ask the council to waive the charges.”
To remedy the injustice caused, the Ombudsman recommended West Sussex to:
- apologise to Mrs X for not providing clear written information about charging at the start of the assessment process.
- apologise for its delays starting Mrs Y’s financial assessment, and for the distress Mrs X and Mrs Y suffered when they received a large bill for backdated care charges.
- give staff refresher training or guidance on giving clear information about charging for adult social care.
- review its adult social care financial assessment practice to identify any systemic issues leading to delays.
A West Sussex County Council spokesperson said: “We are committed to providing an excellent level of service and supporting people to live independently. We accept the Ombudsman’s findings and actions. An unprecedented demand for financial assessments impacted our timescales for delivery and invoicing. We have reviewed our processes and are implementing improvements to our service and respond to customers in a more timely manner.”
Lottie Winson
