Summary: We will not investigate this complaint about the care costs Mrs X incurred for package of care she received. That is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained the Council has charged her for a package of care that she did not receive. She said the Council’s actions have caused her stress and financial loss.

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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:

• 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

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Following an extended hospital stay, Mrs X received a Council arranged care package for approximately a month which comprised of several care visits each day.
6. After receiving an invoice for the care she received Mrs X complained to the council that the care visits she had been charged for had either not taken place or did not last as long as listed on the invoice.
7. The Council investigated and told Mrs X that its records showed carers arriving and leaving Mrs X’s home at the correct times. The Council explained it operated an electronic monitoring system which carers were required to use, or the system would generate an alert. The Council did not uphold Mrs X’s complaint.
8. Mrs X wants us to find the Council at fault for maintaining she is responsible for paying the invoice. The Council has investigated and found its electronic records correspond with the number and length of care visits it has asked Mrs X to pay for. Mrs X has not provided evidence that supports her complaint. There is no record of Mrs X complaining about the carers or service she was receiving prior to receiving the invoice. An investigation into this matter would be unlikely to result in a finding of fault.

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Final decision

9. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman