Summary: We will not investigate Mr X’s complaint that the Council failed to send regular invoices detailing his mother’s charges for her care placement. This is because there is insufficient evidence of fault. In addition, no significant injustice has been caused to justify an investigation.

The complaint

1. Mr X complains the Council failed to send regular invoices detailing his mother’s charges for her care placement.

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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, or
• any injustice is not significant enough to justify our involvement.

(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 received care and support in a care home between March 2020 and August 2023. Mr X said the Council only sent him an invoice for his mother’s care charges for this period in May 2024.
6. The Council provided evidence it had spoken with Mr X in March 2020, following his mother moving into the care home. The records showed the Council explained the provisional contribution and how it was calculated.
7. The Council also explained that prior to receiving care in a care home, Mr X’s mother received non-residential care. The Council said Mr X’s mother was charged a contribution towards this care package and that it completed regular financial reviews to calculate her contribution.
8. An investigation is not justified as we are not likely to find fault. This is because the Council did provide information to make it clear to Mr X that his mother would be charged a contribution to pay for her care and support. Additionally, given his mother had previously received non-residential care and been charged for this, it is reasonable to expect Mr X to have been aware his mother would be charged for her care home placement.
9. The Council said the care provider would issue the invoices but accepts this did not happen. If we were to investigate, it is likely we would find the Council at fault for this as it should have issued regular invoices.
10. However, the likely fault has not caused significant enough injustice to warrant an investigation. This is because Mr X’s mother is being charged the same amount she would have been charged if the Council had sent the invoices more regularly. So, if the Council had issued regular invoices, Mr X’s mother would still have had to pay the charges and incurred those costs. Therefore, as the fault has not caused any financial loss or detriment, Mr X’s mother is still in the same position she would have been in if the fault had not occurred.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, no significant injustice has been caused to justify an investigation.

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Investigator's decision on behalf of the Ombudsman