Summary: We will not investigate Mr B’s complaint about overpaid care charges following the death of his mother. This is because there is not enough evidence of fault in the way the Council has dealt with Mr B’s refund request and we do not have powers to overrule a council’s financial controls and auditing procedures.

The complaint

1. The complainant, Mr B, complained that, after the Council had been informed of his mother’s death, it continued to take standing order payments for her care charges and then to resolve the matter, the Council told him he needed to supply proof of the bank account, a copy of the Enduring Power of Attorney and to complete a six-page document.

Back to top

The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant, his complaint to the Council and the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.
5. Mr B has had an opportunity to comment on my draft decision.

Back to top

My assessment

6. When he complained to the Council Mr B said he had informed the Registrar of his mother’s death. Mr B said the Registrar inferred that, under the Tell Us Once service, there was nothing more to do. So, he said, he was not aware he needed to cancel the standing order for payment of his mother’s care charges. He then found out the Council had continued to take standing order payments totalling just over £1800.00.
7. The Tell Us Once service allows a person to report a death to most government organisations in one go. But the service does not cover reporting a death to banks. That is something that needs to be done separately.
8. Mr B has made efforts to get a refund of the money paid. But he has refused to complete the Council’s form because he said what happened was not a result of his mistake.
9. The Council has explained to Mr B its financial controls and auditing require the receipt of a refund form with the correct authorisation documents before it can process refunds for overpaid care charges. While the Council did continue to collect care charges, it must comply with its own processes for refund requests. So there is not enough evidence of fault in the way the Council has dealt with Mr B’s refund request. Also, we do not have powers to overrule a council’s financial controls and auditing procedures.

Back to top

Final decision

10. We will not investigate this complaint. This is because there is not enough evidence of fault in the way the Council has dealt with Mr B’s refund request and we do not have powers to overrule a council’s financial controls and auditing procedures.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman