London Borough of Waltham Forest (24 021 260)
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about a charge for her late husband’s care. This is because the Council has now refunded the charge and apologised to Ms X. Further investigation by us would achieve nothing more.
The complaint
- Ms X complained the Council charged for care while her late husband was in receipt of a re-enablement package following hospital discharge. She wants the Council to refund the £52.36 it withdrew from her account for her husband’s care.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Ms X’s complaint because the Council has now apologised for the error and the delay in responding to her complaint about the charge. Ms X has confirmed she has now received a refund from the Council and is satisfied with the outcome. Further investigation by us would not be proportionate.
Investigator's decision on behalf of the Ombudsman