The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about how the Council responded to her enquiries relating to her adult social care account debt. This is because further investigation will not lead to a different outcome.
The complaint
Ms X complained about how the Council responded to her queries about her care charges. She said the Council failed to provide correct information and clear advice regarding her debt, the payments she had made, and whom she should contact for assistance.
She said the resulting uncertainty and conflicting information increased her anxiety and worsened her pre-existing health conditions. Ms X wants the Council to write off her debt, citing the avoidable distress caused and the lack of consideration for her health conditions.
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
A council has a duty to arrange care and support for those with eligible needs, and a power to meet both eligible and non-eligible needs in places other than care homes. A council can choose to charge for non-residential care following a person’s needs assessment. Where it decides to charge, the council must follow the Care and Support (Charging and Assessment of Resources) Regulations 2014 and have regard to the Care Act statutory guidance. (Care Act 2014, section 14 and 17) Ms X receives non-residential adult social care and is a Universal Credit recipient. In August 2024 she agreed to a payment plan and is making monthly payments towards arrears on her account.
Ms X stated she contacted the Council’s financial collections team twice to seek clarification regarding her account, the payments she had made, and additional invoices she received.
In October 2024 the Council held Ms X’s annual financial assessment for non-residential care charges and informed Ms X in a letter her weekly contributions would increase. The Council confirmed it assessed her contributions in line with its published charging policy.
In January 2025, Ms X received an additional invoice for care contributions from October and November. The Council acknowledged a delay in issuing this invoice, attributing it to a delayed charging run due to the Christmas holidays.
In its complaint response, the Council acknowledged that on both occasions when Ms X contacted the Collections team, it gave her incorrect information about her account. The Council apologised for the avoidable distress this caused her and provided a detailed explanation of her current care charges and outstanding arrears. That apology remedies any injustice caused, further investigation would not lead to a different outcome.
Final decision
We will not investigate Ms X’s complaint because further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman