Summary: We will not investigate this complaint about invoices the Council sent for residential care fees after Mr B’s mother died in December 2021. The complaint is late and there are no good reasons to investigate now.

The complaint

1. Mr B complains about residential care fees the Council says his late mother’s estate owes. Mr B says the Council has sent him invoices containing misleading and inaccurate information from February 2022 after his mother died. He says the Council actions caused him distress after his mother died. As an outcome he wants the Council to waive the amount owed or accept a lesser amount in full and final settlement of the outstanding charges.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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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 B said he was responsible for paying his mother’s residential care fees since 2010 when his late mother went into a care home. He said he paid four weekly up until 2020 when he changed the frequency of payments.
7. Mr B’s mother died in December 2021, and he said he paid what he thought was the final bill from the Council in January 2022. He then received an invoice from the Council in February 2022. He said there was no covering letter or explanation with the invoice. Mr B said it was several months before the Council contacted him again.
8. Following communication with the Council’s officers he complained to the Council in September 2023 about invoices the invoices it had sent and the way it had allocated payments he had made. In summary, the Council responded and said the outstanding amount was still due from his mother’s estate. It said it could agree a payment plan with Mr B. It also said if his mother’s estate could not pay the amount as Mr B had said it would consider evidence to verify the statement.
9. Mr B followed up his complaint with the Council in November 2023 and received a further response from the Council in January 2022. The Council reiterated the amount owed as well as explaining its charging policy and procedures its officers followed.
10. We will not investigate Mr B’s complaint because it is late and there are no good reasons to investigate now. Mr B was aware of issues since 2022 and could have complained to us sooner.

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Final decision

11. We will not investigate Mr B’s complaint because it is late and there are no good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman