London Borough of Croydon (22 002 359)

Category : Adult care services > Charging

Decision : Upheld

Decision date : 26 Sep 2022

The Ombudsman's final decision:

Summary: We will not investigate Ms C’s complaint about the Council incorrectly invoicing her for care after she had cancelled it. This is because the Council has apologised and issued a credit note for the wrongly invoiced care. We are satisfied this remedies the injustice to Ms C.

The complaint

  1. Ms C complained to the Council in April after receiving an invoice for £89.50 for care in 2021 she did not have. Ms C informed the Council in July 2021 that she no longer required care and received an email in September confirming the care package had been cancelled. Ms C says her key safe lock code was changed, carers never came to the house, and wants answers to:
  • Who authorised carers to come?
  • What care plan was in place for these visits?
  • Why wasn’t she notified there was to be a visit?
  • Did carers claim for work not carried out?
  • What services were they supposed to provide?
  1. Ms C wants the Council to investigate whether other people have incurred similar experiences and wants answers to her questions. In addition Ms C wants compensation for the worry she has incurred having to resolve this matter.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council responded to Ms C two weeks after receiving her complaint and explained the invoice had been generated in error. The Council said it will credit her account with the £89.50 and apologised for the distress caused. We are satisfied this remedies the injustice caused to Ms C and will not investigate further.
  2. The Council agreed to investigate Ms C’s concerns and queries about what happened and responded in September. The Council has apologised for the delay in responding.
  3. The Council acknowledged Ms C had cancelled her care package on discharge from hospital, but its records were not updated to reflect this information although it had informed the care provider Ms C did not want further care. There is no evidence of a systemic issue with the Council’s accounting processes warranting an ombudsman investigation and the Council has confirmed there was no fraud involved in the generating of Ms C’s invoice. While Ms C has not had all the answers she wants to her complaint and concerns it is not the role of the Ombudsman to provide her with these. The Council has explained what happened in her case, apologised for sending an invoice it should not have and confirmed the care provider did not request payment. We are satisfied Ms C’s injustice has been remedied.

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Final decision

  1. We will not investigate Ms C’s complaint because the Council has apologised and issued a credit note for the wrongly invoiced care. We are satisfied this remedies the injustice to Ms C.

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Investigator's decision on behalf of the Ombudsman

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