Summary: We will not investigate Mr X’s complaint about the Council’s delay in refunding his father’s care fees. This is because the Council has already taken suitable action to resolve the matter.

The complaint

1. The complainant, Mr X, complains the Council delayed in providing a refund to his father’s estate for care fees he paid during the period that his care was fully NHS funded.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(6) & (7) as amended, section 34(B))

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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 complained the Council was delaying in providing a full refund to his father’s estate for care fees he paid during the time his care was fully NHS funded.
7. The Council provided its final response to Mr X’s complaint after Mr X had submitted his complaint to us and prior to our assessment of his complaint.
8. The Council upheld Mr X’s complaint. It apologised to Mr X for its delay in resolving the matter and said it would make arrangements for the outstanding refund to be paid in full. It also offered Mr X a £250 payment in recognition of his time and trouble in trying to resolve the matter.
9. The Council has confirmed these payments have been made to Mr X and that Mr X had indicated his complaint was resolved.
10. We will not investigate Mr X’s complaint. This is because the Council has already taken suitable action to resolve the matter prior to our involvement and there is nothing further we would add or recommend.

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Final decision

11. We will not investigate Mr X’s complaint because the Council has already taken suitable action to resolve the matter.

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Investigator's decision on behalf of the Ombudsman