The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to waive a payment due, which Mrs X said built up following administrative errors. This is because there is not enough evidence of fault by the Council to warrant our further involvement.
The complaint
Mrs X complained on behalf of her son Mr Y that the Council refused, “as a gesture of goodwill”, to waive a £450 payment due after an administrative error led to this sum building up.
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 decided there is not enough evidence of fault to justify investigating.
(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 told Mrs X that it had reassessed her son Mr Y’s weekly care charges. This resulted in the account being in arrears by £450.
Mrs X said that the Council did not use correct and up to date figures to calculate charges and this error has led to the £450 charge building up.
The Council said that it was Mrs X’s responsibility to report any changes to Mr Y’s circumstances so that it can apply the correct charges. The Council said it had not received any reports of such changes.
There is no fault in the Council requesting the £450 arrears to be paid, regardless of the reason for the arrears.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman