Summary: Mrs Y complained she was overcharged for care she received at home after a hospital discharge. The Council has reconsidered the complaint and agreed to waive the disputed invoice, apologise and pay £200 to Mrs Y for her time and trouble. This is a proportionate remedy and the LGSCO would not achieve anything further. We have therefore ended our investigation.

The complaint

1. Mrs Y complained that she was overcharged for care she received after being discharged from hospital in 2022. Mrs Y says she was told that the first four weeks of care would be provided without charge. She also disputed the decision to charge her for the provision of two carers after she had informed the Council she only needed one.

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

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. We considered the Council’s letter which proposed a remedy for this complaint.
6. We discussed the Council’s proposal with Mrs Y.
7. Mrs Y and the Council had an opportunity to comment on my draft decision. Both parties agreed with the proposal.

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What I found

8. Mrs Y complained to the Council about an invoice she received for Council commissioned home care provided to her in 2022 and 2023. The Council did not uphold the complaint and Mrs Y approached the LGSCO.
9. After we accepted Mrs Y’s complaint for investigation the Council contacted the LGSCO to advise that it had reviewed the complaint. In summary, it said:
• After gathering information for the LGSCO, the Council identified errors in Mrs Y’s case.
• There was an issue with finding another care agency to provide a care package for Mrs Y. In the meantime, the Council had continued to invoice Mrs Y for two carers to attend each call even though Mrs Y had told the Council she only needed one.
• Having reviewed the files, the Council could not find sufficient evidence to show that it properly discussed care charges with Mrs Y or provided her with written information.

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Agreed action

10. As a result of the above, the Council reconsidered its position and agreed to waive the care costs for the period of complaint (5 December 2022 to 6 February 2023). This amounts to £6,681.60. In addition, the Council says it will apologise and pay £200 to Mrs Y in recognition of her time and trouble for bringing the complaint.
11. This is a proportionate remedy for the complaint, and we have ended our investigation. We ask the Council to provide evidence it has completed the agreed actions within one month of our final decision.

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Final decision

12. I have ended my investigation and upheld Mrs Y’s complaint. The Council will take action to resolve the outstanding issue and no further action by the Ombudsman is needed.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman