Summary: We will not investigate this complaint about the Council pursuing Mrs C’s estate for payment it says she owed. This is because further investigation by the Ombudsman could not add to the Council’s responses or make a different finding.

The complaint

1. Mrs B says as executor of her late mother’s, Mrs C’s estate, she should not be responsible for paying the debt the Council says Mrs C owes because she checked with the Council that there were no outstanding debts or payments due. Mrs C says when she telephoned the Council she was told there were no fees to pay and that she would receive reimbursement of overpayment of fees. Mrs B says on receipt of this information she paid the beneficiaries of the estate and closed the account. Mrs B says there is now no money left in the estate to pay the money the Council says Mrs C owes. Mrs B says the Council should apologise for its mistakes and for the distress caused and admit the service she received from it was not of a good standard.

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 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs B is unhappy with the outcome of the Council’s investigation and appeal into her complaint and has asked the Ombudsman to consider it further. We could not add to the Council’s responses even if we investigated.
6. The Council says records show Mrs B telephoned it on 24 August 2020 querying an invoice she had received for Mrs C’s care for the period 20 July -16 August 2020. Mrs B advised the Council that Mrs C had passed away on 1 August 2020. Mrs B says she was told she would be reimbursed for the overpayment; however, the Council says it was clear from its records that no monies would be refunded as the invoice had not been paid.
7. The Council says there is no record that Mrs B was told in a telephone call that there were no outstanding invoices or that she would receive a reimbursement of fees. It said it no longer had a recording of the telephone call Mrs B referred to.
8. The Council explained the due date for the payment of the invoice queried on 24 August was 2 September so at the time of the call the payment had not been taken from Mrs C’s account. The Council says the credit note referred to would have been an adjustment to the invoice raised to remove the charges for the dates no care was provided. It confirmed following the call an email was sent to the Financial Assessment Team to advise of Mrs C’s passing and request for a credit note for the period after her death. The email also said ‘When the credit appears on the account, send final balance due to [Mrs B]’, which it says indicates the officer was aware there would been a final balance due.
9. The Council says it wrote to Mrs B on 15 September confirming the final balance for the period 20 July-1 August was £275.69. Mrs B queried the partial credit note and said the full amount of £593.80 had been taken from Mrs C’s account. The Council confirmed the last payment taken on 4 August 2020 was for the period 16 April–19 July 2020. It advised Mrs B to check with the bank as the final payment had not been taken. It explained to Mrs B the credit note sent to ‘the executors to go into Mum’s account’ referred to her care account not her bank account. The Council apologised for any confusion or misinterpretation but explained the remaining balance for Mrs C’s care fees of £275.90 was due and payable. The Council said if Mrs B could not pay the full amount she could arrange to pay the balance in instalments.
10. We could not say what was said in a telephone call when there is now no record of it. Records show Mrs B advised the Council of Mrs C’s passing and queried the invoice on 24 August. The Council’s records show it passed this information onto its finance team who updated its records and amended the invoice accordingly. It advised Mrs B of the payment due for Mrs C’s care on 15 September. Further investigation could not add to the Council’s responses. It is Mrs B’s role as Mrs C’s executor to ensure all debts are paid from the estate before closing the account. If Mrs B as Mrs C’s executor believes Mrs C’s estate should not be liable for the debt she can withhold payment and challenge the debt in court if the Council pursues recovery.

Back to top

Final decision

11. We will not investigate Mrs B’s complaint because we could not add to the Council’s response or make a different finding.

Back to top

Investigator's decision on behalf of the Ombudsman