Summary: We will not investigate this complaint about care charges because there is insufficient evidence of fault by the Council. In addition, part of the complaint is late.

The complaint

1. The complainant, whom I refer to as Ms X, disputes that she owes money for her 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint correspondence and information about how the care costs have been calculated. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

5. Ms X has arrears for her care costs. She has a payment plan for £20 a month. Some of the arrears arose in 2017. Ms X disputed the debt in 2017 and the amount was reduced.
6. Further arrears arose in 2019. This was because Ms X’s income increased and she was no longer entitled to some disregards. This was because, for example, her mortgage ended in 2018 and because she was no longer entitled to help with the cost of repairs that had been completed ten years earlier.
7. Ms X disputes the arrears. She no longer receives support from the Council. She says the arrears arose because a Council appointed accountant did not pay some charges.
8. I will not investigate the arrears that arose in 2017 because it is a late complaint. Ms X has been aware of the arrears since 2017 but did not complain to us until 2022. I have not seen any good reason for Ms X to delay raising the complaint with us.
9. I will not investigate the complaint about the arrears that arose in 2019 because there is insufficient evidence of fault by the Council. Ms X’s income increased in June 2019, from February 2019, which meant her care costs increased from February. At the same time some of her allowances decreased. The Council explained why the charges increased and the allowances went down. There is no suggestion of fault in the way the Council increased the charge or issued an invoice for arrears.
10. Ms X says the arrears arose because a Council appointed accountant failed to pay some charges. I have not seen this referred to in Ms X’s correspondence with the Council and the Council has not received a complaint about this issue. We can only consider complaints that have been dealt with by the Council. Ms X can raise this as a complaint with the Council.

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Final decision

11. I will not start an investigation because part of the complaint is late and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman