Summary: We will not investigate Ms X complaint about the invoices the Council sent her regarding her son’s care and support charges and the Council’s failure to provide a breakdown of the charges. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains about invoices the Council sent her regarding her son’s care and support charges. She says the Council failed to respond to her request for them to provide a breakdown of the charges so she can understand what the charges are for. She also complains the Council failed to respond to her complaint.

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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 there is not enough evidence of fault to justify investigating. (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. Ms X’s son, Mr Z, receives care and support. The Council completed a financial assessment to work out how much Mr Z needed to contribute towards his care and support. From 10 April 2023, Mr Z’s maximum contribution was just over £106 per week. From 8 April 2024, it was £113.53 per week.
6. In September 2023, Ms X asked the Council to confirm that Mr Z’s charges would only apply from September 2023 onwards. The Council confirmed that all previous charges between July 2021 and August 2023 had been waived. The Council also confirmed that charges would apply from September 2023.
7. The Council sent Ms X invoices for the charges applied from September 2023 onwards. These invoices detail the charges were for either care and support hours or for day centre services. It is noted these invoices appeared to have gone into Ms X’s junk email folder and this was why she hadn’t seen them.
8. I have reviewed the invoices provided to Ms X covering the period September 2023 to September 2024. I am satisfied Mr Z was charged the appropriate amount as he was only invoiced his maximum contributions each week. The Council is allowed to charge for care and support services and Mr Z is responsible for paying his assessed contributions. Therefore, an investigation is not justified as we are not likely to find fault.
9. As we are not investigating the substantive matters complained about, we will not investigate a complaint about the Council’s complaint handling.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman