London Borough of Ealing (19 015 518)
The Ombudsman's final decision:
Summary: Miss X complained the Council charged wrongly for some of her late mother’s care at home. She said she was caused frustration trying to resolve the issue. The Ombudsman will not investigate the complaint because the Council has apologised to
Miss X and offered an appropriate way to resolve the issues.
The complaint
- Miss X complained the Council charged wrongly for some of the care her late mother received at home. She said she was caused frustration trying to resolve the issues
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered Miss X’s complaint and information from the Council’s complaints procedure. I also spoke to Miss X.
- Miss X had an opportunity to comment on a draft of this decision. I considered her comments before making the final decision.
What I found
- After Miss X’s mother died, the Council sent an invoice for outstanding care charges for the care she received at home. Miss X agreed there were two outstanding invoices to be paid but queried earlier charges relating to a period when her mother was in hospital. When she did not get a satisfactory response she then complained to the Council about the charges she considered were not payable.
- The Council considered Miss X’s complaint and agreed to remove some of the charges. Both Miss X and the Council thought the issue was resolved. Miss X still had two outstanding invoices to pay once she sold a property.
- Miss X later complained to the Ombudsman because she thought in the end the Council had not resolved the issue relating her mother’s entitlement to free enablement care. She also said another issue had emerged, that her mother had paid for care she did not have when she was on holiday.
- The Council said it would agree the outstanding amount with Miss X and apologise for its delay reaching that point. The Council then explained to Miss X its view that both the entitlement to free enablement care and the holiday had already been addressed. It also apologised for its delay resolving the issues.
- Miss X made further payments but continued to dispute the overall amount outstanding. The Council has offered to meet Miss X to resolve all her queries.
Findings
- Miss X is prepared to pay an outstanding amount to the Council as long as she understands it is properly due. She does not consider the Council’s actions so far have explained the account fully.
- The Council has addressed the two issues Miss X raised with the Ombudsman. However, the issues are not straightforward and Miss X still has queries. The Council’s offer of a meeting to resolve all Miss X’s queries is the most likely way this can be resolved fully. I consider the offer of a meeting is a suitable way forward so will not start an investigation.
Final decision
- The Ombudsman will not investigate this complaint because the Council has apologised to Miss X and offered an appropriate way to resolve the issues.
Investigator's decision on behalf of the Ombudsman