Summary: We will not investigate this complaint about the Council’s failure to properly communicate care fees. This is because the Council has already provided a suitable remedy and there is nothing further we could achieve.

The complaint

1. Mr X complains on behalf of his late father, Mr Y. Mr X says his father started attending a day centre in 2017 and the Council told the family this would be free. Mr X says the Council did not begin to invoice the family for day centre costs until March 2021. Mr X says the family should not be liable for fees as the Council said a charge would not apply and says these issues have caused them stress.

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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 provide a free service, but must use public money carefully. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code and Guidance on Remedies.

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My assessment

5. In 2017 the Council agreed a care package with Mr Y which included day centre visits. On 14 November 2017, the Council wrote to Mr X to tell the family they would be required to pay the full cost of the service. The Council has accepted that it failed to invoice the family for the service from 2017 to 2020.
6. In December 2020, the Council agreed a new package of homecare for Mr Y, alongside the day centre care. At this point the Council realised it had not been charging the family for the day centre. The Council invited Mr X to complete a financial assessment for his father in January 2021 to decide what the family’s contribution to the cost of the care should be. Mr X did not provide this information and so the Council completed an assessment based on information held by the Department of Work and Pensions. Invoices began on this basis in March 2021, with the first invoice covering day centre costs from 11 January to 7 March 2021.
7. The Council told Mr X in 2017 that the family would need to pay the full cost of the day centre service. The Council has waived the fees prior to 2021 to acknowledge its failure to invoice the family for the care for this period. This is a suitable remedy and is in line with our Guidance on Remedies. An investigation is unlikely to result in a different outcome.

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Final decision

8. We will not investigate this complaint. This is because the Council has already provided a suitable remedy and there is nothing further we could achieve.

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Investigator's decision on behalf of the Ombudsman