Summary: We will not investigate Mr X’s complaint that the Council has continuously sent him notices of payment, addressed to his late mother, for four years. This is because an investigation would not lead to any further outcomes as the Council has offered an appropriate remedy.

The complaint

1. Mr X complains the Council has continuously sent him notices of payment, addressed to his late mother, for four years. This was despite the Council telling him in 2021 and 2023 that the matter was resolved. Mr X says he was caused significant distress each time he received a payment notice.

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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 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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X’s mother died in July 2020. He said he received notice of payment, addressed to his mother, from the Council on the following occasions:
• June 2021
• March 2023
• November 2023
• March 2024
6. Mr X said when he received the notice in June 2021, he contacted the Council about the matter. The Council confirmed to him the notice of payment had been sent in error. The Council again confirmed in March 2023 that the matter was resolved, and that Mr X’s mother had paid all her contributions to the care home.
7. Mr X said when he contacted the Council following receiving the third notice of payment, the Council failed to get back to him.
8. In response to Mr X’s complaint, the Council said it would write off the charges as it should have resolved the issues on his late mother’s account sooner. The Council confirmed the balance had been written off, leaving a nil balance.
9. The Council apologised for the distress caused by the matter. Further, given it had taken the Council a long time to resolve, the Council made a remedy offer of £150.
10. An investigation is not proportionate or justified as the Council’s remedy offer is in line with the Ombudsman’s guidance on remedies. Therefore, an investigation would not lead to any further outcomes.

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Final decision

11. We will not investigate Mr X’s complaint because an investigation would not lead to any further outcomes as the Council has offered an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman