Summary: The Council’s billing for care charges was correct. There is no evidence the Council has charged the complainant for dates when she cancelled care visits.

The complaint

1. The complainant, whom I shall refer to as Ms X, complains the Council has not adjusted invoices for her care to take account of the dates the care provider said it did not provide care.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read the papers put in by Ms X and discussed the complaint with her.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. I gave the Council and Ms X the opportunity to comment on my draft decision.

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What I found

7. Ms X received care in her home, arranged by the Council. There was a financial assessment carried out and the Council charged Ms X according to the assessment.
8. Ms X sent me a list of dates the care provider said it did not provide care. She says that the Council have charged her for these dates.
9. I sent the list to the Council with the dates:
• 17 January 2018.
• 1 and 28 February 2018.
• 8,14, and 21 March 2018.
• 11 and 25 April 2018.
• 9 May 2018.
• 6 June 2018.
• 2 and 18 July 2018.
• 1 and 15 August 2018.
• 15 September 2018.
• 5 October 2018.
10. I have looked at the statement of account sent to Ms X by the Council. The Council has said that Ms X has not been charged for the above dates. The Council’s invoicing is complicated, but I can see that adjustments were made to reduce the care charges each week that Ms X said she cancelled the care. Either a refund was given or Ms X was only charged for 3 hours, not the normal 3.5 hours.
11. The Council has said that it is willing to discuss a payment plan with Ms X. I will ask it to supply the name and number of an officer for Ms X to contact.
12. I can find no evidence of fault by the Council. It has removed the charges for the visits Ms X cancelled. I do appreciate, though that the Council’s method of invoicing makes it very difficult for Ms X to tell when charges have been cancelled which have meant that she has remained doubtful the charges are correct.

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Final decision

13. I have completed my investigation as I have found no evidence of fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman