Summary: We will not investigate this complaint about threatening correspondence. The events happened more than 12 months ago and there are no grounds to consider the late complaint. The complainant does not have the relevant standing to make a complaint about an alleged debt due from an estate, as she is not administering the estate.

The complaint

1. Ms B says the Council has threatened and harassed her over a debt due from a relative (Ms C’s) estate. Ms B disputes the large debt.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

6. Ms C died in January 2021. Between 2021 and 2023 the Council wrote to Ms B about a large sum of money due from Ms C’s estate to pay for her unpaid adult social care fees dating back several years. Ms B found the letters threatening and harassing. Although Ms B felt distressed there are no grounds for the Ombudsman to consider this late complaint.
7. Even if there were grounds to consider the complaint it is unlikely we would find enough evidence of fault. I have seen a sample of the Council’s letters, and they appropriately advise of the unpaid debt and the actions the Council might take to recover the debt. Ms B could have lessened her distress by telling the Council she was not administering the estate.
8. Because Ms B is not responsible for the estate, she has no grounds to raise a complaint about the alleged debt. The Council has started legal proceedings to recover the debt. The court will decide if the debt is due from the estate.

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Final decision

9. We will not investigate Ms B’s complaint because it is late and there are no grounds to consider it now.

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Investigator's decision on behalf of the Ombudsman