Birmingham City Council (21 001 335)
The Ombudsman's final decision:
Summary: The Council has said that it will not pursue outstanding care charges, which remedies any financial injustice. The complaint was discontinued as further investigation would not lead to a different outcome.
The complaint
- The complainant’s representative, who I shall call Mrs X, complains that invoices and recovery of payments by direct debit for care charges for her late father have been incorrect.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
- If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I read the papers put in by Mrs X and discussed the complaint with her.
- I considered the Council’s comments about the complaint and any supporting documents it provided.
- Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Mrs X explained to me the billing for care charges for her late father has not been clear. She wanted clear invoices and the Council to bill her for the correct amount.
- The Council responded to my enquiries and explained that though there was an outstanding amount owed (£297), payment for this will not be pursued. In response to this, Mrs X said that ‘we find this acceptable, and accept the matter is closed’.
- As a suitable remedy for the alleged injustice has already been promised and further investigation will serve no useful purpose, I have discontinued the investigation.
Final decision
- I have stopped investigating this complaint as further investigation is unlikely to serve any purpose as the injustice has already been remedied. I do not uphold Mrs X's complaint.
Investigator's decision on behalf of the Ombudsman