The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council gave him insufficient notice that it was introducing two monthly, instead of monthly, invoicing. There is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council sent him an invoice requesting payment for two month’s of care instead of the usual one month.
He says this has caused him distress because he cannot afford to pay it.
Mr X wants the Council to return to invoicing him monthly.
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 cannot achieve the outcome someone wants.
(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
Towards the end of last year, the Council wrote to Mr X giving him two months’ notice of its intention to issue invoices for his social care contribution every two months. Previously it had invoiced Mr X monthly.
The Council issued Mr X with his first two monthly invoice. Mr X complained and said he could not afford to pay it. The Council spoke to Mr X and said he could pay the additional amount off at £25 a week. The Council later said he could pay it back at £5 a month. In response to his request, it said it would not return to monthly invoicing.
Mr X complained to the Ombudsman.
We will not investigate this complaint. It is only the invoicing arrangements which have changed; Mr X is not paying more for his care. And he knows he must contribute towards its cost.
It is for the Council to decide how often to invoice customers and not us. It gave Mr X two months’ notice of the change in invoicing. It then offered him a payment plan to pay back the larger two month invoice. These were appropriate and reasonable steps to take and there is no evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman