The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that the Council allowed her brother to accrue a debt. She says her brother had no knowledge of his assessed charges and the Council did not discuss his charges with him or his family. This is because an investigation would not lead to a different outcome as the Council has made a suitable remedy offer.
The complaint
Miss X complains the Council has allowed her brother to accrue a debt for his care charges. She says her brother had no knowledge of his charges and the Council failed to discuss his assessed contributions with him or his family.
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 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.
My assessment
Miss X’s brother, Mr A, received care and support from December 2020. The Council completed a financial assessment to calculate how much Mr A had to pay towards the cost of his care.
The Council said it had sent Mr A’s mother letters about the charges as she was his Department of Work and Pensions (DWP) appointee and financial representative. The Council could not provide evidence that Mr A’s mother was his DWP appointee.
The Council has accepted it is possible Mr A was not fully aware of his assessed contributions until February 2022, when the Council held a meeting. Records show Miss X was made aware of her brother’s assessed contribution at this meeting and that she suggested to Mr A he paid his assessed contributions.
The Council has offered to waive Mr A’s charges for the period 1 December 2020 to 22 February 2022. This is a total of just over £5600. The Council said the remaining balance of just under £1600, covering the period 23 February 2022 to 4 July 2022, remains payable. The Council also confirmed it was open to discussing a payment plan to help Mr A pay this balance.
An investigation is not justified as there is nothing further we could achieve. This is because the Council has offered a remedy that is likely above what we would have recommended, and I am satisfied no further remedy is necessary in the circumstances.
Final decision
We will not investigate Miss X’s complaint because an investigation would not lead to a different outcome. This is because the Council has made a suitable remedy offer.
Investigator's decision on behalf of the Ombudsman