London Borough of Waltham Forest (24 023 185)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council dealt with an invoice it sent to Ms B for care charges. The Council has cancelled the charge and apologised to Ms B for its delay. An investigation by us would not lead to a different outcome or achieve more.
The complaint
- Ms B complains about the way the Council dealt with an invoice it sent for care fees totalling £149.10 after she had made the final payment and closed the account. Ms B says the delay by the Council to deal with the matter caused her emotional distress and placed a financial and practical burden on her when she was grieving for her late mother. Ms B wants the Council to compensate her for the distress caused.
The Ombudsman’s role and powers
- 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 or continue an investigation if we decide:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant including the Council’s complaint response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- When responding to Ms B’s complaint the Council accepted it had delayed dealing with the invoice it had sent for care charges. It cancelled the invoice and added a credit to the account. It said the poor service provided was unacceptable, but it had taken steps to improve communication within the team. It acknowledged the frustration and inconvenience experienced by Ms B and apologised to her for this.
- We will not investigate this complaint. The Council has accepted fault and apologised to Ms B. It has also cancelled the invoice. This is an appropriate remedy for any distress caused. It is unlikely an investigation by us would lead to a different outcome or achieve anything more.
Final decision
- We will not investigate Ms B’s complaint because it is unlikely an investigation by us would lead to a different outcome or achieve anything more.
Investigator's decision on behalf of the Ombudsman