Summary: Mr X complained the Council pursued him and his brother, Mr Y, for several years for a debt which the Council had previously agreed to write off. The Council was at fault. It had pursued Mr X for a debt it had previously agreed to cancel. The Council has already apologised. It has agreed to also pay Mr X £100 to acknowledge the distress and frustration this caused.

The complaint

1. Mr X complained the Council pursued him and his brother, Mr Y, for several years for a debt which the Council had previously agreed to write off. Following Mr X’s complaint to the Council, the Council acknowledged that it had been at fault and cleared the outstanding debt. However, Mr X said it caused him and Mr Y distress. He wants the Council to provide them with a financial remedy for the injustice caused.

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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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) Mr X’s complaint relates to a matter from 2018. I have exercised discretion to investigate Mr X’s complaint as the Council continued to pursue him for the debt until 2024 when he believed the debt was written off.
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. I spoke with Mr X and considered information he provided.
6. I considered information provided by the Council.
7. Mr X and the Council had the opportunity to comment on the draft version of this decision. I considered their comments before making a final decision.

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What I found

Non-residential charges

8. A council has a duty to arrange care and support for those with eligible needs, and the power to meet both eligible and non-eligible needs in places other than care homes. A council can choose to charge for non-residential care following a person’s needs assessment. Where a council has decided to charge for care, it must carry out a financial assessment to decide what a person can afford to pay, in line with the Care and Support (Charging and Assessment of Resources) Regulations 2014 and have regard to the Care Act statutory guidance. (Care Act 2014, section 14 and 17)

Background

9. Mr Y has a disability and lives in supported living accommodation. Mr Y pays a contribution towards his care. The Council completes a financial assessment with Mr Y each year which determines how much he will pay each month towards his care. Mr X has Lasting Power of Attorney for Mr Y’s health and welfare.
10. In 2018, Mr X said the Council significantly increased Mr Y’s monthly contribution to his care charges and failed to notify him of the change. Mr X said the Council had increased the contribution as it had not properly calculated it previously and as a result, Mr Y’s account was in arrears. The Council had therefore planned to recover the outstanding cost which was approximately around £1,100 by increasing his contribution significantly over a short period of time.
11. Mr X complained to the Council about the unexpected increase in Mr Y’s contribution. In 2019, the Council agreed to cancel most of the outstanding debt as a goodwill gesture as it recognised it had not given Mr X adequate notice of the increase. Mr X said he had cleared the remainder of the outstanding balance.

What happened

12. Towards the end of 2023, the Council sent Mr X a final payment letter which informed him he had not paid some invoices for Mr Y’s care costs between 2018 and 2019. It asked Mr X to pay the outstanding fees. The Council continued to send Mr X a final payment letter for the outstanding fees approximately every two weeks.
13. In April 2024, Mr X complained to the Council and said despite paying the Council Mr Y’s contribution for care via a standing order, the Council had been sending him final payment reminder letters.
14. Later in April 2024, the Council responded to Mr X’s complaint and said it had identified several invoices between 2018 and 2019 which he had not paid. It continued and said there were a number of invoices from 2023 which Mr X had paid less than what was owed to the Council. The Council said the non-payments and underpayments had triggered automatic final payment letters to be issued to Mr X.
15. Mr X complained further to the Council and said it had agreed to write off some of the outstanding charges in 2019 for the period between 2018 and 2019 and so the Council should not be asking for payment for this period. He asked the Council to review its previous records.
16. In July 2024, the Council responded to Mr X’s complaint and said it:
• was not aware of the previous agreement to write off the outstanding care costs between 2018 and 2019;
• acknowledged its previous agreement and apologised to Mr X for the distress and inconvenience it had caused to him and his brother; and
• had now cancelled the outstanding care costs from 2018 and 2019. The remaining balance left was £62.73 which was related to an underpaid invoice from 2023.
17. Although the Council recognised it had previously agreed to write off some of the outstanding care costs, Mr X said the Council had continued to send him final payment letters in relation to the care fees from 2018-2019.
18. In October 2024, Mr X contacted the Council again about it continuing to send final payment letters. Mr X then complained to us.
19. Later in October 2024, the Council wrote to Mr X and apologised to him for sending out further final payment letters in relation to care costs from 2018-2019 when it had agreed to write off this amount. It said it had addressed the matter with its team to prevent a recurrence of fault.

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Findings

20. Although in 2019 the Council agreed to write off outstanding care costs owed for 2018 and 2019, the Council continued to pursue Mr X for the debt between 2023 and 2024. This was fault and caused Mr X and his brother frustration and distress. The Council has already adjusted the account and apologised which was appropriate however, I have made a recommendation to further remedy the injustice caused.
21. The records show in 2023, the payments Mr X made did not align exactly with the amount Mr Y owed. This meant Mr Y accumulated a small amount of arrears. Mr Y received care and the Council was entitled to charge for this. The Council was not at fault for pursuing this debt.

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Agreed Action

22. Within one month of the final decision, the Council will pay Mr X £100 to acknowledge the frustration and distress it caused to him and Mr Y by pursuing a debt Mr Y did not owe.
23. The Council will provide us with evidence it has complied with the above actions.

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Final Decision

24. I have now completed my investigation. The Council was at fault. It has agreed to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman