Summary: We will not investigate this complaint about delay in confirming adult social care fees. This is because we are satisfied with the Councils actions of reducing the bill and offering a payment to apologise for the anxiety caused by the delay.

The complaint

1. Mr D says the Council did not make clear how much the costs of his father, Mr E’s, adult social care would be. Mr D says Mr E would have cancelled the care package sooner and not incurred all costs the Council is billing. Mr D says the Council accepted this but failed to reduce the bill, only offering a payment of £25. Mr D says Mr E cannot afford the bill and it is causing anxiety.

Back to top

The Ombudsman’s role and powers

2. 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))

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In response to Mr D’s complaint the Council said it would change the cancellation date of the care package to 17 May instead of 19 June and would send a new invoice. The Council offered £25 to acknowledge its delays.
7. Three months later Mr D contacted the Ombudsman because he had not received the changed invoice or any further contact from the Council. The Council explains it was waiting for Mr D to contact it and confirm agreement but accepts that is not stated in its letter.
8. The Council has now issued the changed invoice confirming the decrease in care fee charges and will contact Mr E for his bank details to pay the £25.

Back to top

Final decision

9. We will not investigate Mr D’s complaint because we could not add to the Council’s investigation or reach a different outcome. The Council accepted fault and reduced the care fees to take account of when Mr E would have cancelled. The Council offered a payment of £25 to acknowledge the anxiety caused by its delay. I am satisfied with the Council’s actions, so further investigation by the Ombudsman is not justified.

Back to top

Investigator's decision on behalf of the Ombudsman