Summary: We will not investigate this complaint about the Council’s late invoicing for outstanding care fees. The Council has accepted it was at fault for failing to set up an initial direct debit and delays in invoicing. It has apologised for this. Further investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Mr X complained after the Council invoiced him for outstanding care fees for his deceased relative, Mr Y. Mr X said he returned a direct debit payment agreement to the Council in 2020, three months before Mr Y died. Therefore, he had assumed the Council had already taken payment for Mr Y’s care fees. He said it took the Council over two years to issue the invoice for the outstanding care fees. He said that had caused him great distress. He wants the Council to write off the outstanding debt in recognition of its errors.

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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:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. In the Council’s complaint response, it accepted it had not processed the direct debit agreement in 2020. It also acknowledged there was a delay in invoicing Mr X for the outstanding care fees. It apologised for both these faults. However, it said Mr X knew about Mr Y’s existing debt and future care fees before he died. Therefore, as executor of Mr Y’s estate he was responsible for ensuring all debts were paid from Mr Y’s estate. It said it would not waive the outstanding fees.
6. Although Mr X is unhappy with the Council’s response, we will not investigate this complaint. The Council has explained why Mr X is liable for Mr Y’s care fees. There is no evidence of fault in how it made that decision. The Council’s apology for the faults identified is sufficient to remedy the injustice caused. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

7. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman