Summary: Mr C complained the London Borough of Bexley’s charging policy did not accurately reflect the administrative costs incurred in providing his mother’s (Mrs B’s) care, and the Council has overcharged her. Councils can charge those people who pay the full cost of their care for the administration costs of managing that care. Councils must not charge more than it costs them for those administrative tasks. The Council originally dismissed Mr C’s complaint but after further investigation found its policy was unfair. It has revised its policy which it has not yet implemented. It says the new policy is fair and the charge will not exceed the Council’s costs in providing administrative services.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, the Council should:

• write to Mr C and Mrs B to apologise for the failures identified in this report and for Mr C’s time and trouble in making this complaint;
• pay Mr C £150 for his time and trouble in having to keep contacting the Council about his complaint;
• remind staff to respond to complaints in a timely manner, addressing the complaints made;
• put in place a revised policy taking into account the comments made in this report; and
• retrospectively apply any new/revised policy from May 2019, to Mrs B and any other similarly affected people. If applicable, credit or refund people’s accounts. The Council should provide us with evidence of the steps it has taken to identify others similarly affected.

Ombudsman satisfied with Council's response: 4 October 2022.

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