Summary: We will not investigate this complaint about the Council’s actions in pursuing a debt Ms X owes for adult social care.

The complaint

1. Ms X complained the Council is pursuing her for adult social care debts despite knowing the detrimental impact this will have on her mental health.

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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 or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Several months ago, the Council agreed to put recovery action on hold whilst Ms X pursued her complaint with us. We advised her to complain first to the Council and then return to us if she was still unhappy.
6. Ms X did not complain to the Council or inform it of our response. As a result, following contact with the Ombudsman, the Council restarted its recovery action. Ms X subsequently complained to the Council it had failed to take her mental health into consideration when pursuing the debt.
7. The Council responded and suggested it appoint Ms X an advocate to support her through the complaints process which would enable it to consider her complaint without causing her additional distress. It told her to complain to us if she was unhappy with this. Ms X did so.
8. We will not investigate this complaint. The Council is best placed at this stage to look at Ms X’s debts and to decide whether the correct processes have been followed. An advocate will help relieve the distress this may cause Ms X. Once the Council has finished its investigation, Ms X can return to the Ombudsman if she remains unhappy.

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Final decision

9. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman