The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not providing explanations and evidence to support its invoices for care charges, and delaying its response to the complaint. We are satisfied with the actions the Council has now taken to resolve the matter and further investigation would not likely achieve a different result.
The complaint
Ms K and Mr L said the Council has failed properly to explain and providing evidence to support its calculation of charges for adult social care provided to Mr L’s mother, Ms M.
They first complained to the Council in 2021 because they had received invoices dating back to 2017/18 which they could not reconcile before using Ms M’s money to settle the account.
The matter remained unresolved when they complained to the Ombudsman in August 2022, causing significant worry, time, and trouble in pursuing the matter.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call fault. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainants, and the Council’s response to their complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council had not finished considering Ms K and Mr L’s complaint when they approached us, so we asked it to do so and send us a copy of its response.
The Council’s response confirmed it had met with Ms K and Mr L, and agreed the amount of charges outstanding, which was less than the original invoices and account statement by around £60. The Council apologised for the delay in resolving the matter, and agreed to write off half the amount owing, reducing it to around £2,500. Ms K and Mr L had agreed to pay the remainder in one amount.
We could carry out a forensic examination of the Council’s records, but Ms K told me she and Mr L were content with the result and, after such a long time, wished to bring the matter to a close. It is unlikely any further work would achieve a significantly different outcome.
Final decision
We will not investigate Ms K and Mr L’s complaint because we are satisfied with the actions the Council has now taken. It has recognised the injustice it caused to Ms K, Mr L, and Ms M by apologising and reducing the amount Ms M should pay for the care she received.
Investigator's decision on behalf of the Ombudsman