Summary: We will not investigate this complaint about care charges. That is because it is a late complaint.

The complaint

1. Ms X complained about the amount the Council had invoiced her for her late mother’s, Mrs Y’s care. She said the Council had previously told her it had “written off” the care charges. However, in 2023 it then invoiced her for Mrs Y’s care. Ms X said the invoices are not accurate, as Mrs Y spent time in hospital. She wants an itemised invoice, and for the Council to write of the debt.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. In the Council’s complaint response, it said it invoiced Ms X for Mrs Y’s care in 2019 and 2020. It said that Ms X disagreed with the charges at the time and said she would not pay. The Council said there was no further contact until it sent further invoices to Ms X at the start of 2023. Following this, Ms X complained. The Council did not uphold the complaint.
7. We will not investigate Ms X’s complaint about the Council invoicing her for her mother’s care. That is because the complaint is late. I am satisfied Ms X knew about the charges for her mother’s care in 2019 and 2020. Therefore, it was reasonable for her to complain to us sooner if she thought they were incorrect.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because it is late.

Back to top

Investigator's decision on behalf of the Ombudsman