The Ombudsman's final decision
Summary: We will not investigate Ms X complaint about the Council’s failure to collect a direct debit for her sister’s care fees. The Council accepted fault and waived half the outstanding fees. Further investigation by us would not lead to a different outcome.
The complaint
Ms X complained about an error in setting up a direct debit that led to Ms Y incurring arrears.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In March 2023, the Council asked Ms X’s sister, Ms Y, to provide her bank details so it could collect her contribution to her care fees by direct debit. Unfortunately, the details Ms Y provided were incorrect, which meant the Council did not collect the payments due between March and September 2023 when the error was identified. It wrote to her to ask for the correct bank details in October 2023.
In its complaint response, the Council accepted fault for not collecting the direct debits and for not initially explained how the error arose to Ms X or Ms Y. It said the care fees were still owed because the services were provided, and Ms Y was aware pf the costs. However, it agreed to waive 50% of the outstanding costs.
The Council told us the credit would be applied to the next invoice, which is due to be issued in July 2024.
The Council accepted it was at fault and has agreed to waive 50% of the fees for the relevant period. I am satisfied the waiver remedies the injustice caused and that further investigation by us would not lead to a different outcome. On that basis, we will not investigate the complaint further.
Final decision
We will not investigate Ms X’s complaint because further investigation by us would not add to the Council’s investigation or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman