Summary: We will not investigate Mrs X complaint about Mr Z being overcharged for his utility bills as the charges were made on a commercial, rather than residential, tariff. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

The complaint

1. Mrs X is the financial deputy for Mr Z. She complains Mr Z has been overcharged for his utility bills as the charges were made on a commercial, rather than residential, tariff. Mrs X says this has caused Mr Z financial loss.

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The Ombudsman’s role and powers

2. 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)
3. 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. (Local Government Act 1974, section 24A(6), 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 Z has care and support needs and lives in supported living accommodation. Mrs X complains Mr Z has been overcharged for his utilities due to being on an incorrect tariff. Mrs X told us she has been aware of this issued since 2021, when she was first appointed as financial deputy for Mr Z.
7. The law states we cannot investigate complaints about matters than happened more than 12 months ago unless there are good reasons. Mrs X has confirmed she was aware of the issues in 2021 but has not provided any good reasons for why she did not complaint to us earlier. Therefore, I will no exercise discretion to consider the late complaint.
8. In any case, even if we were to exercise discretion to consider the late complaint, we would not investigate. This is because we are not likely to find fault with the Council’s actions as it is not responsible for Mr Z’s utility charges.
9. The Council confirmed Mr Z’s landlord is responsible for the utility charges and that it does not have a contract with Mr Z’s landlord to provide Mr Z accommodation. The Council confirmed Mr Z has a tenancy agreement with the landlord. The Council further explained it had commissioned a care provider to provide Mr Z’s care and support. However, this company is separate to the landlord.
10. The Council confirmed it does not commission care and support and tenancy from the same provider to ensure the landlord and care provider are different. This means if there is ever a breakdown in the care package, the individual’s tenancy is not threatened.
11. Therefore, any complaint about Mr Z’s utility charges should be made to Mr Z’s landlord or to the utility company itself. I also understand Mrs X has had her complaint considered by the Energy Ombudsman.

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Final decision

12. We will not investigate Mr Z’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

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Investigator's decision on behalf of the Ombudsman