The Ombudsman's final decision
Summary: We will not investigate this complaint about delays in the Council issuing an invoice to Mr X’s partner. This is because the alleged fault has not caused any significant injustice.
The complaint
Mr X complains the Council delayed in invoicing his partner for her contributions towards the cost of her care. He says the Council should have informed them of the debt much earlier.
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 an investigation if we decide any injustice is not significant enough to justify our involvement. (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.
My assessment
Mr X’s partner receives care and support. He says the Council sent his partner an invoice for just over £730, backdated to the start of the care package. He considers the invoice to be unfair as he says the Council should have notified them of the charges earlier.
The Council explained it tried to contact Mr X to complete the financial assessment but could not reach him. The Council eventually contacted Mr X in February 2022. The Council said this delayed the completion of the financial assessment, which in turn delayed the invoice.
The Council also explained it had advised Mr X of the charging policy in September 2021. The Council told Mr X it could only notify his partner of her assessed contributions once it had completed the financial assessment.
An investigation is not justified as the alleged fault has not caused any significant injustice. This is because even if the Council had notified Mr X’s partner of her assessed contributions earlier, she would still need to pay her assessed charges. Therefore, she is the same position she would have been even if the alleged delays had not occurred.
If Mr X’s partner cannot afford to pay the invoice in a lump sum, it is open to them to agree a payment plan with the Council.
Final decision
We will not investigate Mr X’s complaint because the alleged fault has not caused any significant injustice.
Investigator's decision on behalf of the Ombudsman