The Ombudsman's final decision
Summary: The investigation of this complaint about outstanding charges for residential care has been discontinued. An agreement was reached between the complainant and Council on the fees owed, so any injustice has been remedied.
The complaint
The complainant, who I shall call Mr X, complains that the Council has not carried out the recommendations made by the investigating officer after an official complaint to the Council was upheld.
Mr X says that he is not certain that the charges for his late mother’s (Mrs M) residential care are correct, which may have caused the family to pay more than they should have.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I read the papers submitted by Mr X and discussed the complaint with him.
Mr X and the Council reached an agreement while I was considering the complaint.
What I found
During the investigation Mr X and the Council reached an agreement on the outstanding fees owed for Mrs M’s care. As the outstanding injustice has been resolved, no further investigation is required.
Final decision
I have ended my investigation and uphold Mr X’s complaint. The Council has taken action which has resolved the outstanding issue and no further action by the Ombudsman is needed.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman