Leicestershire County Council (23 001 384)

Category : Adult care services > Charging

Decision : Upheld

Decision date : 18 Jun 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council sending an invoice to Mr X’s grandmother. He said the Council told him it would cancel the invoice, but then later sent his grandmother more invoices. This is because the Council has appropriately remedied the injustice caused by the fault identified and an investigation would not lead to a different outcome.

The complaint

  1. Mr X complains about a invoice sent to his grandmother. He says the Council told him it would cancel the invoice but then later sent his grandmother more invoices. He says this caused his grandmother distress.

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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 an investigation if we decide:
  • we could not add to any previous investigation by the organisation, or
  • investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. During its complaint investigation, the Council accepted it was at fault for sending out numerous invoices to Mr X’s grandmother. The Council identified there was an administrative error as it failed to put Mr X’s grandmother’s account on hold whilst it was finalised. This resulted in debt recovery letters being produced and sent out.
  2. The Council has apologised for the distress, upset, and frustration caused by the fault accepted. Mr X is unhappy and wants the Council to compensate his grandmother for the distress caused.
  3. I accept receiving the invoices likely caused Mr X’s grandmother some distress and that is caused some time and trouble to Mr X in having to contact the Council to resolve the matter. Therefore, it was appropriate for the Council to apologise for this. However, I do not consider any further remedy to be necessary in the circumstances. This is because it did not take the Council long to resolve the matter once it had identified the administrative fault. Further, I do not consider Mr X was put to an unreasonable amount of time and trouble to resolve the matter.

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Final decision

  1. We will not investigate Mr X’s complaint because the Council has appropriately remedied the injustice caused by the fault identified and an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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