Summary: We will not investigate this complaint about the Council’s alleged 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. Mrs X complains on behalf of her late Aunt, Mrs Y. Mrs X says the Council told her fees would not apply for 4 weeks of residential reablement care for Mrs Y in 2018. She says the Council then invoiced her for this after Mrs Y passed away in April 2020. Mrs X says the Council has not adhered to its own procedures and timescales. Mrs X says this has caused her stress and is asking for the Council to waive the fees.

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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. The Council placed Mrs X’s late Aunt, Mrs Y, in residential reablement care on
   16 February 2018 until 16 March 2018. Mrs Y then remained in permanent residential care from 17 March 2018 until she passed away in April 2020. Mrs X says she has paid in full for Mrs Y’s care from 17 March 2018 onwards. She says the Council told her fees would not apply for the reablement care, before completion of a Continuing Healthcare Assessment.
6. Since Mrs X brought this complaint to us, the Council has offered the following remedy:
1. A formal apology.
2. To waive the care charges for the disputed 4-week period.
3. To pay £100 to Mrs X to acknowledge the time and trouble she has been caused.
4. To meet with Mrs X to discuss the complaint, apologise, and discuss improvements it has made to its services.
7. This is a proportionate and appropriate 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