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

  1. Mrs X complains the Council sent her an invoice for her mother’s care and support charges despite agreeing not to charge.

Back to top

The Ombudsman’s role and powers

  1. 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))

Back to top

How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. 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.
  2. 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.
  3. Mrs X said the Council sent her a letter in October 2024 requesting payment of unpaid charges.
  4. 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.

Back to top

Final decision

  1. We will not investigate Mrs X’s complaint because an investigation would not lead to any further findings or outcomes.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings