Summary: Mr X complained on behalf of his wife, the Council consistently issued inaccurate invoices for the day centre she attends. The Council accepts it was not inputting the attendance data in a timely manner and so invoices were inaccurate. This is fault. Since June 2024 a new system has been introduced which should mean invoices are accurate.

The complaint

1. Mr X, on behalf of his wife Mrs X, complained the Council consistently issued inaccurate invoices for day centre.
2. Mr X says this has caused frustration and put him to avoidable time and trouble to correct them.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant’s representative;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with the complainant’s representative;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

6. Mr X is the carer for his wife, Mrs X. Mrs X attends a day centre twice a week. The day centre charges £81 per day which Mrs X pays in full.
7. The Council invoices Mrs X four weekly in arrears. However, Mrs X may not always attend eight sessions in every four week period. If Mrs X is ill, on holiday or the day centre is closed, the invoice should be amended and the charge reduced.
8. Mr X told me that he understood the day centre sent attendance information to the Council to enable it to then issue the invoice. He believes the day centre is sending the correct attendance information but this is not reflected in the invoices received. He believes the Council fails to act on the information provided by the day centre which results in incorrect invoices being sent.
9. Mr X says he has spent a lot of time contacting the Council about the errors in the invoices and finds this frustrating. He says that as a full-time carer he does not have time to keep chasing these errors.
10. In response to my enquiries, the Council says that before June 2024 the day centre would send monthly attendance spreadsheets to a generic email address. These sheets would advise the Council which individuals had attended on each date throughout the month. The Council says this information should then have been updated onto the adult social care system to show any non-attendance so it could send out accurate invoices. However, the Council accepts it failed to act on this information in a timely manner and so the invoices sent out did not reflect the actual attendance at the day centre.
11. The Council says that since June 2024 it has set up a new system. A day centre provider portal has been setup and day centre staff now input individual’s attendance information directly into the portal. This new system then interacts directly with the finance system and so the invoices produced now reflect the actual attendance and so should be accurate.
12. Mr X attended a carers focus group facilitated by Healthwatch England, a statutory committee of the Care Quality Commission. He says the problems of incorrect invoices was an issue experienced by many carers. Mr X then made a formal complaint to the Council saying this problem had been ongoing for years. He explained that calls to the finance team about the inaccurate invoices were never answered. The voicemail message would direct him to the locality team. While they did answer the telephone the locality team had no direct contact with the finance team. He provided examples of being sent strongly worded warning letters about non-payment even though he had reported inaccuracies.
13. The Council accepted there were problems and indicated it would be reviewing its processes and making changes. These changes, from June 2024, are explained in paragraph 11 above.

Analysis

14. This has been a very frustrating experience for Mr X. He says the incorrect invoices caused him, and other carers, a great deal of stress on top of the usual stresses of being a carer. The Council accepts the day centre sent in accurate attendance information but that it failed to act on it. This meant the invoices it sent out did not reflect actual attendance at the day centre. This was fault.
15. The Council’s response to my enquiries suggests these problems were ongoing for several years. As a result, carers like Mr X had no choice but to challenge every incorrect invoice he was sent. Mrs X pays the full cost of the day centre which at £81 per day is a significant amount of money. Receiving invoices demanding a higher amount of money than was actually due is frustrating and needed to be challenged. The problems Mr X reports with actually doing this just added to the frustration experienced.
16. When I spoke to Mr X he told me the Council had resolved all outstanding issues with charges for Mrs X and he was satisfied any errors had been corrected. However, he was concerned that errors would happen again. This is the reason he complained to the Ombudsman because he wanted the Council to streamline the process and help not just him but all carers. Mr X reported a problem with the invoice for May. While this was for the correct total amount, one bank holiday was recorded in the wrong week.
17. There is no evidence to suggest any issues regarding the accuracy of the attendance information submitted by the day centre. Since June 2024, a new system introduced by the Council means the attendance information inputted by the day centre goes directly into the finance invoicing system. This removes the need for the attendance information to be manually updated and so I am satisfied this change will ensure accurate invoicing going forward.
18. I welcome this recent change to the system. However, the previous failings did cause Mr X frustration and avoidable time and trouble. I am therefore suggesting a remedy to reflect this injustice caused.

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Agreed action

19. To remedy the injustice caused to Mr X as a result of the fault identified in this case the Council will, within one month of my final decision, take the following action:
• provide a further written apology to Mr X; and
• make a symbolic payment of £200 to recognise Mr X’s frustration and avoidable time and trouble in pursuing this matter.
20. The Council should provide us with evidence it has complied with the above actions.

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Final decision

21. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman