Summary: We have upheld Mr B’s complaint about the Council’s delay to respond to his complaint regarding his late mother’s care charges and the support she received in a care home. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused. The Council will investigate Mr B’s complaint, apologise to him and pay him £150 for the frustration and distress caused. It will also provide training for its staff on its new software system to address any gaps in knowledge and minimise complaint handling delays.

The complaint

1. Mr B complains about charges for care fees totalling £81,000 the Council has asked his late mother’s, Mrs C, estate to pay. He says the Council did not ensure a written agreement was in place for care fees such as a deferred payments arrangement. He also says the Council did not tell Mrs C’s family about care charges. Mr B says the Council failed to adhere to its statutory duties relating to safeguarding around pressure sore care and a deprivation of liberty application. The complainant says the Council failed to appoint an advocate for Mrs C and as a result she was deprived of her liberty without proper authorisation.
2. As an outcome Mr B would like the Council to acknowledge its faults and apologise for the distress and frustration caused to Mrs C’s family. The complainant wants the Council to waive the invoice it says Mrs C’s estate owes for care fees. Mr B also wants the Council to implement procedures to protect other families who might be in a similar situation.

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The Ombudsman’s role and powers

3. 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)

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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. If we investigated this complaint, it is likely we would find fault causing injustice. This is because the Council delayed providing Mr B with a response to his complaint by around five months. The Council said it completed a complaint response to Mr B in January 2025 but due to staff training issues associated with a new software system he did not receive the response until June 2025.
7. Mr B wanted the Council to consider his complaint further. We invited the Council to resolve the complaint early by providing a remedy to Mr B. The Council accepted our invitation.

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Agreed action

8. Within 16 weeks of our final decision the Council will respond to Mr B’s complaint about his late mother’s care in the home and the amount the Council says her estate owes for care fees. It will also apologise to Mr B and pay him £150 in recognition of the frustration and distress caused by the delay.
9. Within 16 weeks of our final decision, the Council will review its complaint handling training for relevant officers to ensure they are familiar with its new software system and address any gaps in knowledge to prevent complaint handling delays.

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Final decision

10. We have upheld Mr B’s complaint about the way the Council delayed responding to his complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman