Kent County Council (23 013 638)
The Ombudsman's final decision:
Summary: We have discontinued our investigation into Mr C’s complaint about how the Council charged his father for care. The Council has now offered to waive the outstanding charges and has also offered Mr C and his father symbolic remedies for any injustice they have been caused. This means there is nothing we could add by investigating the complaint further.
The complaint
- The complainant, whom I refer to as Mr C, complains on behalf of his father, whom I refer to as Mr B.
- Mr C says the Council provided misleading information about Mr B’s care home fees. Mr C believed all the funding for Mr B’s long-term placement had been sorted out beforehand by the Council.
- Mrs C says this led to a belated invoice of over £3,000, which Mr B cannot afford. Mr C says this matter has caused them both distress.
- Since we accepted Mr C’s complaint for investigation, the Council has reviewed his case. It has accepted that it was partially at fault for what he has complained about. It has offered to waive the outstanding invoice and to make Mr B and Mr C separate payments of £350 each to recognise their injustice.
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 or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information from Mr C and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Since Mr C complained to us, the Council has offered him and Mr B remedies (the waived invoice and the symbolic payments) which adequately recognise any injustice they have been caused.
- Consequently, there is unlikely to be anything else I could achieve for Mr B or Mr C by investigating the complaint further.
Final decision
- I have discontinued my investigation.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman