Summary: We will not investigate this complaint about Mr C’s care charges. This is because we could not provide a remedy for any fault an investigation might uncover as Mr C is now deceased.

The complaint

1. Mr C complained the Council had wrongly charged him for his care, had not considered the amount he had paid for repairs to his property and wrongly assessed his financial contribution towards his care costs.

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The Ombudsman’s role and powers

2. 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:

• 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))

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How I considered this complaint

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

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My assessment

5. Mr C disputed the amount the Council said he owes. Sadly Mr C passed away recently, so we cannot provide a remedy to any fault an investigation might uncover now. It will be for Mr C’s executor to deal with any outstanding debts due from Mr C’s estate including whether he owned the entire property or as the Council says one fifth of it. Any dispute about the legal ownership of an asset will be for Mr C’s executor to pursue with the Council or a court of law if it cannot be resolved.

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Final decision

6. We will not investigate Mr C’s complaint because we could not achieve anything for Mr C now.

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Investigator's decision on behalf of the Ombudsman