The Ombudsman's final decision
Summary: We will not investigate this complaint about adult social care charging. Further investigation would not lead to a different outcome.
The complaint
Mr X complained on behalf of Mrs Y. He said the Council took two years to issue invoices to Mrs Y for her contribution for her care. Mr X wants the Council to write off the invoices because of the delay.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint the Council delayed in issuing Mrs Y’s care invoices. The Council has already upheld the complaint and apologised. It said the delay was caused by an unprecedented demand for financial assessments, which impacted its ability to issue invoices in a timely manner.
Although I recognise that delay was frustrating, we would not recommend the Council write of Mrs Y’s care contributions. That is because Mrs Y has received care and the Council is entitled to charge for it based on the outcome of her financial assessment. Therefore, further investigation would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman