Summary: Mr X complained about how a care home arranged by the Council pursued him for money he said he did not owe. We ended our investigation as the Council proposed action which will resolve the outstanding issues and no further action by the Ombudsman was needed.

The complaint

1. Mr X complained the care home which the Council arranged for his late mother is pursuing him for outstanding fees. He says that, despite paying all the invoices he was sent, the care home contacted him in December 2021, around a year after his mother died, demanding further fees.
2. Mr X says the action by the care home, and a debt collector acting on its behalf, caused him significant distress over nearly 18 months. He wants the care provider to write off the debt, apologise and properly recognise the distress it caused.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

5. I considered the information Mr X provided and discussed the complaint with him.
6. I discussed the complaint with the Council and considered its proposed remedy for resolving Mr X’s complaint.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

8. The Council arranged a care home place for Mr X’s mother, Mrs Y, between late 2017 and November 2020, when she died. It assessed Mrs Y as needing to pay a contribution towards her care costs, based on her income.
9. Between 2017 and mid-2020, the Council arranged for the care home to invoice and collect Mrs Y’s contribution. From June 2020, the Council changed its policies and began collecting client contributions itself, paying the full care home fees to the care provider.
10. In late 2021, the care provider sent Mr X a further invoice for outstanding fees which it said it had not invoiced Mrs Y for at the time. Mr X queried this, as he had paid all the invoiced Mrs Y had been sent. However, the care provider passed the debt to a debt collection agency which has contacted Mr X regularly since.

Ending my investigation

11. In response to the Ombudsman’s investigation the Council wrote to the care provider asking it to write off the outstanding fees, due to what the Council believed to be invoicing errors on the part of the care provider. However, the care provider had not yet confirmed it would do as the Council has requested.
12. If the care home will not agree to write off the outstanding fees the Council has said it will pay the fees it calculates are outstanding to the care provider and will arrange for all future contact with Mr X to go through the Council.
13. It has also apologised to Mr X for the actions of the care provider it arranged and paid him £500 to recognise the distress this caused him.
14. I am satisfied these actions are suitable remedies for Mr X’s complaint and an investigation by the Ombudsman would not achieve anything more. Since the Council changed how it invoices and collects client contributions in mid-2020, I do not consider there are any service improvements necessary and there is no wider public interest in continuing with an investigation.

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Final decision

15. I have ended my investigation. The Council has proposed action which will resolve the outstanding issues and no further action by the Ombudsman is needed.

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Investigator's decision on behalf of the Ombudsman