Summary: We will not investigate Mr X’s complaint about disputed charges for his father-in-law’s domiciliary care package. This is because the Council has already provided a suitable remedy and there is nothing further we would add to this. We will not investigate the issues Mr X raised following the Council’s final response to his complaint because they have not yet been considered via the Council’s complaints procedure.

The complaint

1. The complainant, whom I shall call Mr X, complained the Council overcharged his father-in-law for his domiciliary care package.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organization. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains on behalf of his father-in-law, Mr Y. He complained the Council overcharged Mr Y for his domiciliary care package. Mr X said the invoices included charges for visits that did not take place and for excess time not worked. In his complaint to the Council, Mr X said the disputed charges totalled just over £45.
7. In response to the complaint, the Council told Mr X it would waive the disputed charges in full.
8. Following the Council’s final response to his complaint, Mr X raised additional disputed charges totalling over £300. He also raised concerns around the new care provider’s invoicing and recording of carers’ arrival and departure times for care calls. Mr X included these concerns in his complaint to this office.
9. The matters referred to in paragraph 8 did not form part of the complaint the Council considered, as Mr X raised them after the Council issued its final complaint response. We cannot consider these points now because they have not yet been considered via the Council’s complaints procedure. It remains open to Mr X to submit a new complaint to the Council about these matters.

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Final decision

10. We will not investigate Mr X’s complaint. This is because the Council has provided a suitable remedy for the complaint Mr X made about the disputed charges by waiving the full disputed amount. There is nothing further we would add and no remaining significant injustice which would merit an investigation.
11. We will not investigate the additional matters Mr X raised following the Council’s final response because, as set out above, these matters have not been considered via the Council’s complaints procedure. If Mr X complains to the Council about these newer matters, and remains dissatisfied following its final response, we can consider a complaint about those matters then.

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Investigator's decision on behalf of the Ombudsman