The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about the Council charging the late Mrs C for care. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.
The complaint
Mrs B complained in her role as executor of the late Mrs C’s estate. Mrs B says she is concerned about incomplete financial assessments, unsigned contracts, and the Council’s failure to set up a direct debit so care fees could be paid monthly. Mrs B says the Council should acknowledge the faults and reduce or cancel Mrs C’s care fees.
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: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council explained Mrs C who had capacity at the time, agreed to residential care, it sent information about setting up a direct debit but did not receive a response and Mrs C’s contribution towards her care was assessed on her bank statements and DWP benefit income. It explained how it calculated the amount Mrs C owed and the outstanding balance of £8, 008.74. The Council has explained how the debt arose and investigation by the Ombudsman would not change this.
The Council has provided a statement of what the outstanding balance comprises of and informed Mrs B as the executor of Mrs C’s estate about the outstanding debt at the date she died.
It is the responsibility of the executor to collect the assets, pay any debts and use the resulting balance to distribute to any beneficiaries.
If the executor disputes the existence of a particular debt they can refuse to pay and defend any court proceedings against them.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.
Investigator's decision on behalf of the Ombudsman