Summary: We will not investigate Miss X’s complaint about matters relating to the Council seeking payment of her father’s care home fees following his death. This is because the Council has already taken suitable action to remedy the matters raised in the complaint, prior to our involvement.

The complaint

1. Miss X complained about the Council seeking payment of her father’s care home fees following his death. She also complained the Council was not responding to her stage two complaint in a timely manner.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. We do not start or continue an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained the Council was delaying in responding to her stage 2 complaint about it seeking payment of her father’s care home fees following his death.
8. The Council provided its final response to Miss X’s complaint after Miss X had submitted her complaint to us, but before we started to assess it.
9. In its final response, the Council acknowledged significant delay in relation to Miss X’s father’s financial assessment and that it did not provide clear information about the process to the family. It apologised for the confusion this caused and removed all outstanding care charges. It also offered both Miss X and her sister a £150 time and trouble payment and apologised for the distress caused to Miss X by her interaction with a Council officer on the matter.
10. We will not investigate Miss X’s complaint. This is because the Council has already taken suitable action to resolve the matter prior to our involvement and there is nothing further we would add or recommend were we to also investigate.

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Final decision

11. We will not investigate Miss X’s complaint because the Council has already taken suitable action to resolve the matter

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Investigator's decision on behalf of the Ombudsman