Essex County Council (24 013 272)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 20 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint that the Council sent her an invoice for her mother’s care and support charges despite agreeing not to charge. This is because an investigation would not lead to any further findings or outcomes.
The complaint
- Mrs X complains the Council sent her an invoice for her mother’s care and support charges despite agreeing not to charge.
The Ombudsman’s role and powers
- 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 an investigation if we decide:
- further investigation would not lead to a different outcome, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- During its complaint investigation, the Council accepted there was no evidence it had told Mrs X, or her mother, about the financial assessment process or how care charges were calculated. The Council also accepted there was a delay in completing Mrs X’s mother’s financial assessment.
- To resolve Mrs X’s complaint, the Council agreed not to charge her mother for the care received during the period October 2022 to May 2024.
- Mrs X said the Council sent her a letter in October 2024 requesting payment of unpaid charges.
- The Council wrote to Mrs X in November 2024 to confirm the letter was a mistake and to confirm it was not seeking any repayment. The Council also confirmed this position to us.
Final decision
- We will not investigate Mrs X’s complaint because an investigation would not lead to any further findings or outcomes.
Investigator's decision on behalf of the Ombudsman