Summary: We will not investigate this complaint about the Council’s handling of adult social care charges because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X has complained about how the Council has pursued her and her parents for outstanding care charges for her late aunt. Ms X believed all outstanding charges had already been settled by her late aunt’s solicitor. She says the Council’s continued chasing of the debt is causing her and her parents distress.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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 Ombudsman’s Assessment Code.

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My assessment

4. The Council’s complaint response to Ms X explains how her late aunt had intermittent Continuing Health Care (CHC) funding which meant there were times when she owed a contribution to her care home costs. The Council explained why a financial assessment of her aunt’s final charges was slightly delayed. It confirmed it had advised solicitors dealing with Ms X’s aunt’s estate that further fees would be due when they made a payment of just over £4,000 towards outstanding care charges. The Council offered to set up a payment plan for Ms X and other beneficiaries to pay the remaining balance of just over £600 in instalments.
5. Ms X has not provided any evidence to indicate any fault in the way the Council calculated the charges her late aunt’s estate owed. In the absence of this, there is insufficient evidence to justify our involvement.
6. The Council has provided a detailed and thorough response to Ms X and has offered a method for her and other beneficiaries to settle the outstanding charges for her aunt’s estate. We are unlikely to add anything to the Council’s already comprehensive investigation and response, nor could we achieve a different outcome.

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Final decision

7. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman