This is general information, not financial or legal advice. For your own circumstances, speak to your council's financial assessment team or an independent adviser such as Age UK.
Your parent has moved into a care home, the council is involved, and weeks later nobody has told you what the family will be asked to pay. It is one of the most common complaints families raise about council-funded care. The law gives the council no fixed deadline for the financial assessment, but the Local Government and Social Care Ombudsman (LGSCO) has said it expects the assessment to take no longer than four weeks.
This guide explains what the rules say, why delays happen, what happens to the care home fees while you wait, and how to escalate step by step. For how the assessment itself is calculated, see our care home means test guide.
What the Care Act and the guidance require
Under section 17 of the Care Act 2014, if a council decides to charge for care, it must assess the person's financial resources and give them a written record of that assessment. The financial assessment is the means test that decides how much your parent pays towards the care home fees from their income and capital.
Neither the Act nor the Care and Support Statutory Guidance sets a deadline for completing it. What the guidance does say still matters:
- Paragraph 8.16 says that once the council has decided to charge, it must carry out the financial assessment and, once complete, give the person a written record explaining how it was done and what the charge will be.
- Paragraph 5.11 says the lack of a financial assessment must not be a barrier to the council meeting a person's needs.
The four-week figure comes from the Ombudsman's decisions, not from legislation. In a 2023 case against West Sussex County Council, reported by the legal charity CASCAIDr, the Ombudsman noted there is no statutory timescale but said it would expect the assessment to take no longer than four weeks. The council took 33 weeks. It was asked to remove half of the charges that built up during the delay and to pay £100 in compensation (CASCAIDr summary of LGSCO case 22 012 800). Age UK's Factsheet 10 gives the same four-week expectation, measured from the needs assessment.
Treat four weeks as the Ombudsman's yardstick, not a legal right. It is still a fair benchmark to quote.
Why financial assessments get delayed
Delays are rarely a single refusal. They usually come from a few ordinary causes:
- Missing evidence. The council needs bank statements, pension letters, benefit awards and details of any property. One missing document can stall the whole file.
- Nobody with legal authority. If your parent lacks capacity and there is no Lasting Power of Attorney, the council may struggle to take instructions. Our guide to Lasting Power of Attorney and care home decisions explains why this matters early.
- Complex finances. Property, joint accounts, business interests or past gifts take longer to value and check.
- Team capacity. Financial assessment can be handled by a different team from the social worker, and referrals can sit in a queue.
- A rushed placement. After a hospital discharge the move happens first and the paperwork follows. See our guide to hospital discharge and care home rights.
What you pay while you wait
This is the part that worries families most, because the home keeps invoicing and the council has not yet said what share is yours. The position depends on who arranged the placement, so confirm that first.
If the council arranged the placement
The council usually contracts with the home and charges your parent separately once the assessment is done. Ask the council in writing who is invoicing the family, for what period, and on what basis. If you are asked for an interim payment, ask how it was calculated and whether it will be adjusted once the assessment is complete. Do not agree to an amount you cannot sustain on the strength of a phone call.
Backdating and arrears
Once the assessment is finished, the council may charge from the date the care started. Age UK says councils may expect backdated charges and that the Ombudsman has accepted this even where the council caused the delay. Age UK adds that the Ombudsman looks at whether the family was told about possible charges before the care was arranged, and that repayments should be affordable rather than demanded in one go.
That is how a four-month delay produces a large bill: every week of delay adds to the sum owed. If the council is slow to bill you, ask whether it will agree a payment plan. Age UK notes that the council should discuss any debt reasonably and should not start County Court action until other avenues are exhausted (Factsheet 10, section 7).
The 12-week property disregard clock
If your parent owns a home that would otherwise count as capital, its value is ignored for the first 12 weeks of a permanent placement. The clock runs from admission, not from the date the assessment is finished, so a slow assessment can use up most of the period before anyone has explained your options. Read our 12-week property disregard guide and, if you may need more time, ask the council about a deferred payment agreement straight away. The statutory guidance says councils should aim to have the agreement in place by the end of the 12-week period.
How to chase the council, step by step
- Find out where the file is. Phone the financial assessment team and note the date, the name of the person you spoke to and what they said. Ask what is outstanding.
- Send everything they need. Supply the evidence in one go and ask for written confirmation that the file is complete.
- Put the chase in writing. Use the template below. Quote the dates, the four-week benchmark and the fees building up.
- Escalate to the team manager if there is no reply within about a week. Say what you want: a completion date and a written explanation.
- Use the formal complaints procedure if the delay continues.
Template email
Subject: Financial assessment delay: [name], [care home], admitted [date]
Dear [name / Financial Assessment Team],
[Name] moved into [care home] on [date], following a needs assessment on [date]. We have not yet received a financial assessment or a written record of it. It has now been [X] weeks.
The Local Government and Social Care Ombudsman has said it expects a financial assessment to take no longer than four weeks. We sent [list documents] on [date].
Please confirm in writing by [date]: (1) what, if anything, is still outstanding; (2) the date the assessment will be completed; (3) who is invoicing the care home fees in the meantime and on what basis; and (4) how the 12-week property disregard and any deferred payment agreement will be handled.
If we do not receive a response, we will make a formal complaint.
Yours sincerely,
[name, relationship, phone number, council reference]
Formal complaint and the Ombudsman
Ask the council for its adult social care complaints procedure and send the complaint in writing. Set out the timeline, the evidence you supplied, the charges building up and the outcome you want, such as completion by a set date, a clear interim position and a reduction in charges for the period of delay.
The LGSCO's good practice guide for councils refers to acknowledging a complaint within three working days and giving a final response within six months.
If the final response does not resolve it, you can complain to the Local Government and Social Care Ombudsman. It is free and independent of the council, and it normally expects a complaint within 12 months of when you became aware of the problem. As Age UK notes, the Ombudsman may still say backdated charges are payable. It can, however, recommend an apology, compensation, a reduction in charges and changes to council practice, as it did in the West Sussex case.
RightCareHome's Funding Report gives you an estimate of what the council is likely to assess and how a top-up or the 12-week period could affect your costs, so you have a number to check the council's figure against. You can also start with a free funding check.
Frequently Asked Questions
Is there a legal time limit for a council to finish a financial assessment?
No. The Care Act 2014 and the statutory guidance set no fixed deadline. The guidance says the council must carry out the assessment and give you a written record, and the Local Government and Social Care Ombudsman has said it expects the assessment to take no longer than four weeks.
Do we have to pay the care home while we wait for the assessment?
It depends on who arranged the placement. If the council arranged it, ask the council in writing who is invoicing and on what basis, and do not agree an interim amount you cannot afford. If you arranged the home privately, your contract is with the home, so check the contract and ask the council to explain the position.
Will we have to pay backdated charges if the council was slow?
Possibly. Age UK says the council may expect backdated charges, and the Ombudsman has accepted this even where the council caused the delay. It looks at factors such as whether you were told about possible charges early, and it has recommended reductions where a delay was long. Repayment should be affordable and not demanded in one lump sum.
Does the 12-week property disregard stop if the assessment is late?
No. The disregard covers the first 12 weeks of a permanent placement, so the clock runs from admission whether or not the financial assessment is finished. A late assessment can use up much of that period, so ask about a deferred payment agreement early.
When can we go to the Ombudsman?
Once you have been through the council's complaints process and have its final response, or the council has failed to respond within a reasonable time. The Ombudsman normally expects complaints within 12 months of when you became aware of the problem. The service is free.
Sources
- Care Act 2014, section 17: Assessing financial resources
- Care and Support Statutory Guidance (paragraphs 5.11 and 8.16; chapter 9 on deferred payment agreements)
- Age UK Factsheet 10: Paying for permanent residential care (April 2026)
- CASCAIDr: summary of LGSCO decision 22 012 800 (West Sussex County Council, 2023)
- LGSCO: What we can and cannot look at