Cheshire West & Chester Council (22 002 710)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 16 Jun 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council incorrectly charging Ms X for care. That is because there is insufficient evidence of fault to justify our involvement.

The complaint

  1. Ms X complained about the amount the Council had charged her for care. She said the Council:
    • Agreed to charge her £200 a month for her care but had invoiced her for more than this.
    • Charged her until 21 April, but the care provider stopped providing care on 12 April.

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The Ombudsman’s role and powers

  1. 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:
  • there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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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. Ms X previously complained to the Ombudsman about the Council’s care charges. As part of that complaint, Ms X said the Council had told her she would only have to contribute £200 a month to her package of care. As we have already made a finding on that complaint, we will not investigate it further as it is an invalid complaint.
  2. In our final decision, we asked the Council to adjust Ms X’s care invoices from 10 February until the end of her care package so that it only charged her of a 30-minute daily visit. The Council has provided evidence of the amended invoices.
  3. Ms X said the Care Provider stopped visiting her on 12 April. Her care records indicate it continued to visit beyond that date. The Care Provider has confirmed it visited Ms X until 21 April. The Council has invoiced until that date. There is insufficient evidence of fault in how the Council has calculated Ms X’s care charges. We will not investigate this complaint further.

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Final decision

  1. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman

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