Summary: We will not investigate Mr X’s complaint about the Council delaying in providing him with the financial information he requested regarding his mother in law’s deferred payment agreement. This is because the accepted fault has not caused significant injustice.

The complaint

1. Mr X complains the Council delayed in providing him with the financial information he requested regarding his mother in law’s deferred payment agreement.

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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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s mother-in-law, Mrs Z, receives care and support in a care home. Mrs Z has a deferred payment agreement with the Council where part of her care charges was paid monthly, and the other part was deferred to be paid later.
6. In June 2024, the Council completed a review of Mrs Z’s financial information. Following the review, Mrs Z’s monthly charges were increased, backdated to April 2024. However, the Council continued to take payment at the old rate, which led to an underpayment.
7. The Council collected a one of payment to bring Mrs Z’s account up to date. Mr X asked the Council to provide financial information to show Mrs Z’s deferred payment statement was accurate given this mistake. The Council provided some information in August 2024, but this information was inaccurate. The Council eventually provided an accurate statement in October 2024. Mr X is happy with the information provided but not happy that it took the Council three months to provide the information requested.
8. In its complaint response, the Council acknowledged there had been several errors when providing the financial information requested and that this was unhelpful. The Council apologised for this.
9. It is acknowledged Mr X was caused some frustration at the delay in receiving the required information, and in receiving numerous incorrect statements. However, this is not a significant enough injustice to justify an investigation.
10. Further, I am satisfied an investigation would not lead to a different outcome as the Council has provided an appropriate remedy by apologising and providing an accurate statement.

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Final decision

11. We will not investigate Mr X’s complaint because the accepted fault has not caused significant injustice. In addition, an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman