Summary: We will not investigate Mrs B’s late complaint about the Council charging her mother, Mrs C for care she received in 2018. This is because Mrs B could have come to the Ombudsman sooner, if she was concerned Mrs C was being charged for care she was told would be free.

The complaint

1. Mrs B complained to the Council that her mother, Mrs C, should not be charged for two weeks of a short-term placement she had in 2018 because it was not her fault the Council delayed in arranging for her home to be deep cleaned. Mrs B says she was told by a social worker Mrs C would not have to pay anything for her stay in 2018 and says the Council should waiver the charge it has now invoiced her for two and a half years later. Mrs B says she did not enter into an agreement or contract about paying for Mrs C’s care in 2018.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered the information and documentation Mrs B and the Council provided. I sent Mrs B a copy of my draft decision and considered her comments on it.

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What I found

4. Mrs B says the Council should cancel the invoice it sent in 2020 for care Mrs C received in 2018 because she was told Mrs C’s care would be free of charge and Mrs C could not return to her home sooner because of the delay in arranging a deep clean. Mrs B says the issues about invoicing and charging only came to light when she was invoiced in 2020.
5. The Council’s email response dated 18 July 2019 says Mrs C was in the short-term placement for just under 4 weeks. The NHS funded the first two weeks of the placement from 23 September to 5 October. From 6 October until 20 October Mrs C’s placement was funded by Adult Social Care (ASC) but was chargeable. It said the short-term placement was agreed by Mrs B and Mrs C and the ASC charging policy was explained by the hospital social worker on 23 September and again by the neighbourhood social worker on 24 September 2018.
6. Mrs B says this is incorrect and neither she nor her mother were advised about the cost of paying for care in 2018 and were both told the care would be free of charge.
7. Mrs B asked the Council to consider her appeal against the charges in July 2019. The Council apologised Mrs B’s request was not considered sooner and responded in November 2020. It again explained it was not responsible for the deep clean and the charges had been explained to Mrs B and Mrs C in September 2018.
8. We will not investigate this late complaint. Mrs B knew about and complained to the Council in 2019 about the charges for Mrs C’s care. Mrs B offered to pay 50% of the cost. The Council responded in July 2019 saying it referred Mrs C to Age UK for a deep clean in September 2018 and refused to waiver the full cost of the charges explaining it was not responsible for the delay.
9. The Council clearly told Mrs B in July 2019 that it would not waiver the cost of Mrs C’s contribution towards her care. Although the Council did not respond to Mrs B’s request for an appeal of its decision until November 2020, I have not seen any evidence that Mrs B chased up a response. The Council explained why there was a delay and has apologised. We are satisfied an apology remedies the injustice caused by the delay in responding to Mrs B’s request for an appeal.

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Final decision

10. We will not investigate this complaint. This is because Mrs B could have come to the Ombudsman before now if she was concerned about the Council charging for Mrs C’s care in 2018.

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Investigator's decision on behalf of the Ombudsman