The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a credit due to Miss X’s mother’s account. This is because we have decided any injustice is not significant enough to justify our involvement.
The complaint
Miss X complains the Council failed to notify her family properly of a credit left on her mother’s care account in 2018 and she only found out about this after her mother’s death recently. She says this caused this has caused her injustice because it was distressing. She would like the Council to pay interest on the amount held since 2018 and to compensate her for distress.
The Ombudsman’s role and powers
People may complain to us about injustice caused by: ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or the actions of an organisation in connection with privately arranged adult social care.
(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).
We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
I recognise the circumstances of Miss X’s complaint have affected her, but this is not significant enough to warrant us investigating. The sum involved was also small.
Final decision
We will not investigate this complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman