Summary: Mr X complained about the way the Council handled a refund to his mother’s account for care costs. Mr X also complained the Council would not accept a formal complaint. We will not investigate this complaint because it is unlikely we would find fault.

The complaint

1. Mr X complained the Council failed to provide proof of a refund to his mother’s, Mrs Y’s, care account. Mr X also complained the Council did not accept a complaint about the matter. Mr X states this caused him uncertainty about what amounts had been refunded.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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 would find fault, or

• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the documents provided by Mr X and discussed his complaint with him on the telephone. I read the documents provided by the Council. Mr X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

4. In September 2018 the Council agreed to refund 35% of Mrs Y’s care costs for the period April to August 2018. 35% of the amount was £1849.99.
5. In September 2019 Mr X complained to the Council as he had not seen transparent proof of a refund into Mrs Y’s account.
6. The Council replied to this complaint in October 2019, apologised for the delay, and explained it had credited the 35% to the invoices on Mrs Y’s account as agreed. Because there was an outstanding balance this was credited rather than refunded to the account.
7. Mr X again complained to the Council in December 2020 as he expected to see an invoice referencing a refund into his mother’s account. Mr X asked for an invoice clearly identifying the credit on it. Mr X felt that as there had been no invoice the Council had not issued the refund.
8. The Council did not accept this complaint as a new complaint as it had dealt with it in the response of October 2019. The Council did provide a further letter offering an explanation. It stated as there was an outstanding balance on Mrs Y’s care account it applied the credits to the care account to reduce the balance, instead of depositing it into Mrs Y’s bank account.
9. Mr X, unhappy with the Council’s response, complained to us in January 2021.

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Analysis

10. The restriction outlined in paragraph 2 applies because it is unlikely we would find fault with the Council’s actions. It agreed a refund of care costs and refunded those care costs by crediting Mrs Y’s care account. This reduced the outstanding balance Mrs Y had left to pay. The Council documented this in its letter of October 2019 and further clarified it in December 2020. It stated that as there was an outstanding balance on the care account a credit was applied rather than a refund deposited into Mrs Y’s bank account.
11. The Council did not accept Mr X’s complaint of December 2020 as it had dealt with it in October 2019. It was not a new complaint and it was more than 12 months after the event.

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Final decision

12. We will not investigate this complaint because it is unlikely we would find fault in the Council’s handling of the refund and its decision not to accept the complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman