Summary: We will not investigate Mrs X’s complaint about the Council’s poor communication relating to her third-party top up payments and invoicing errors. This is because the matter is now resolved and there is nothing further to be achieved by investigating.

The complaint

1. The complainant, whom I shall call Mrs X, complained about the Council’s poor communication regarding her third-party top up payments towards her mother’s care home costs and about ongoing invoicing errors.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)
4. 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)

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How I considered this complaint

5. I considered the information Mrs X provided and discussed the matter with her over the telephone. I also considered the information the Council provided. I sent Mrs X a draft of my decision and considered her comments in response.

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What I found

6. Mrs X complained about the Council’s handling of her third-party top up payments towards her mother’s care home costs. She complained about poor communication throughout and ongoing invoicing errors.
7. Mrs X continued to receive invoices following her mother’s death, causing her added distress, despite the Council upholding her complaint and telling her the matter had been resolved.
8. During our initial contact Mrs X told me she was still receiving invoices from the Council. We asked the Council about this. It identified the cause of the error and corrected it. It wrote to Mrs X apologising for the fault, and the distress it had caused, and explained why it had happened. The Council confirmed it had written off the remaining balance due on the account and will not send Mrs X any further invoices or requests for payment.

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Final decision

9. We will not investigate this complaint. This is because the matter is now resolved and there is nothing further to be achieved by us investigating this matter now.

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Investigator's decision on behalf of the Ombudsman