Summary: We will not investigate Mr X’s complaint that the Council failed to tell him about a debt earlier. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains the Council failed to tell him about a debt earlier. The Council says the debt accrued as Mr X failed to pay his assessed care charges for over four years.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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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 receives care and support and was assessed as needing to contribute towards the cost of his care. Mr X received direct payments to meet his care needs and was required to pay his assessed contributions into the direct payment account. Mr X did not do this for over four years.
6. The Council accepted it failed to complete an audit of Mr X's direct payment account yearly. Had it done so, it would have identified the debt earlier. The Council acknowledged it failed to complete an audit for four years, which meant the debt was only identified in 2024. I am satisfied the delay in telling Mr X about the debt has caused him distress.
7. I am satisfied it is not appropriate for the Council to waive the debt. This is because the Council is entitled by law to charge Mr X a contribution for his care and support. If the fault had not occurred, i.e. the failure to audit Mr X’s direct payment account yearly, the Council would have told Mr X that he was not paying his assessed charges and the debt accrued earlier. This means Mr X would have paid the amount that is now due. To recommend the debt is waived would put Mr X in a better position than he would have been if not for the fault. However, I do consider it appropriate for the Council to remedy the distress caused by the fault accepted.
8. I therefore asked the Council to consider remedying the injustice caused by its actions by:
• Apologising to Mr X for the delay in telling him about the debt.
• Making a symbolic financial payment of £200 to recognise the distress caused by the fault accepted. The Council can offset this against the debt Mr X owes.
• Discuss a payment plan with Mr X’s mother to enable Mr X to pay off the debt in an affordable way.
9. In response to my invite to remedy, the Council said it had considered the matter and decided to write off the outstanding debt. This is above and beyond the recommendation I made. The Council is entitled to exercise its discretion to make this decision.

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Final decision

10. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman