The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with Mr X’s mother when she was in care. This is because the Council has already agreed to refund care fees and has now agreed to pay an additional remedy to Mr X to acknowledge the distress he was caused.
The complaint
Mr X complains the Council was at fault for the way it dealt with his mother when she was in care. Mr X says the Council refunded care fees paid by the family which should have been paid by the Council. Mr X says there were delays in the Council paying this money which compounded the distress the family experienced.
The Ombudsman’s role and powers
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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code and Guidance on Remedies.
My assessment
Following our recommendations, the Council has agreed to pay Mr X £500 to acknowledge the distress he was caused as a result of its actions including the delays in refunding care fees. This is in line with our Guidance on Remedies and there is nothing further we can achieve from an investigation.
Final decision
We will not investigate Mr X’s complaint because the Council has agreed to pay Mr X a financial remedy to acknowledge the distress he was caused.
Investigator's decision on behalf of the Ombudsman