Summary: We will not investigate Mr X’s complaint about adult social care charges and the Council’s response to his Freedom of Information request. We could not add to the Council’s investigation and the Information Commissioner’s Office is better placed to consider a complaint about the Council’s handling of his information request.

The complaint

1. Mr X complained about adult social care charges for his late sister, Ms Y. He also complained the Council has refused to provide him with her care records. He says without the records, he cannot know if the outstanding invoice for her care fees is correct. He says because of this he cannot complete his duties as executor of her estate.

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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, or
• there is another body better placed to consider this complaint.

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

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is the executor for his late sister, Ms Y’s estate. Following her death, the Council sent Mr X an invoice with outstanding charges for her care.
7. Mr X queried the invoice and asked the Council to review the care charges. The Council did so and corrected some errors in the number of hours charged for. However, it said the amendments did not affect the amount Ms Y owed the Council, as the charge both before and after the corrections was more than Ms Y’s assessed contribution.
8. Mr X also requested Ms Y’s care records. The Council considered his request under the Freedom of Information Act but decided it could not release the care records to him. It advised him he could request an internal review of this decision and if he remained dissatisfied after this, he could complain to the Information Commissioner’s Office (ICO).
9. We will not investigate this complaint as it is unlikely we could add to the Council’s investigation or reach a different outcome. Following Mr X’s request, the Council reviewed the care charges and accepted the invoice was incorrect. It corrected errors it found. This is what we would expect the Council to do and the Council is now satisfied the charges are correct. Any fault in the original charge calculations did not cause Ms Y an injustice, as the outstanding invoice is for her assessed contribution to her care and not the full cost, and remains unchanged. Further investigation by us is unlikely to lead to a different outcome.
10. If Mr X is dissatisfied with the Council’s response to his request for information, the correct route is for him to approach the ICO. The ICO is the UK’s independent body set up to uphold information rights and is the appropriate body to consider a complaint about this.
11. If Mr X does not believe Ms Y is liable for the charges, he can refuse to pay. If the Council starts court action to recover the debt, he can then mount a defence in court. Only a court can resolve a dispute about liability for charges incurred.

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Final decision

12. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation and an investigation by us is unlikely to lead to a different outcome. The Information Commisioner’s Office is better placed to consider a complaint about the Council’s response to his information request.

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Investigator's decision on behalf of the Ombudsman