Summary: We will not investigate this complaint about adult social care charges. This is because it is a late complaint. But even if it were not late, it is unlikely we would find fault. The Council followed the correct process to assess a contribution toward care, so can ask for payment. The person receiving the care was aware they needed to pay and received the service.

The complaint

1. Mr B is the executor of his father (Mr C’s) estate. Mr B disputes a debt for care charges. Mr B says Mr C could not afford to pay for the care, but the Council insisted Mr C have it. Mr B says the Council should waive the charges.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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)
4. 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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. When you receive adult social care, the Council can charge for it. The Council must complete a financial assessment to decide what, if anything, you can afford to pay. The Council completed Mr C’s financial assessment in December 2020 and Mr C knew he needed to pay toward his care.
8. Therefore, the issue of the complaint is late because Mr C knew about it and made no complaint. Mr B also knew about this issue for more than 12 months. Mr B raised concerns with the Council in January 2021. Mr C died in October 2021 and so Mr B has been the executor of the estate for more than 12 months. Being an executor means you are responsible to ensure you collect all information about the estate and settle any debts. Mr B has provided no good reasons for making the complaint so long after he and Mr C knew of the charges.
9. However, regardless of the complaint being late the Ombudsman would not investigate as it is unlikely we would find fault. The Council followed the correct process to complete a financial assessment and tell Mr C of his contribution toward his care charges. Mr C received the care and so the Council can request the payment. It is unlikely further investigation would reach a different outcome or achieve the outcome Mr B wants of the Council waiving the charge.

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Final decision

10. We will not investigate Mr B’s complaint because it is late, it is unlikely we would find fault, and it is unlikely investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman