Summary: We will not investigate this complaint about the Council charging the late Mrs B’s estate for her care. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Mr D says his late mother, Mrs B agreed a provisional cost for her care but says the Council did not tell her the cost had increased three times the amount she agreed. Mr D says the Council issued the invoice after Mrs B died and seven months after she had started receiving care. Mr D says the provisional costs agreed in 2021 were £23.23 a week but Mrs B was invoiced for care costing £73.63 a week. Mr B says the Council should recalculate the invoices for the cost of the care Mrs B agreed to pay.

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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)

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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.

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My assessment

5. The Council undertook a Care and Support Plan on 1 June 2021 identifying the full cost of Mrs B’s care would be £73.23 a week. The letter dated 16 June 2021 advised Mrs B her provisional contribution would be 23.23 a week, however, this was subject to a financial assessment. Mrs B agreed to pay top the full cost of her care. Mrs B signed and agreed to pay the full cost of her care on 22 June 2021.
6. The Council provided a statement of what the outstanding balance comprised of and informed Mr D about the outstanding debts at the date Mrs B died.
7. Mr D has queried the fees. The Council has explained how they arose and investigation by the Ombudsman would not change this.
8. It is the responsibility of the executor to collect the assets, pay any debts and use the resulting balance to distribute to any beneficiaries.
9. If Mr D as Mrs B’s executor, disputes the existence of a particular debt they can refuse to pay and defend any court proceedings against them.

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Final decision

10. We will not investigate Mr D’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman