Summary: There was fault by the Council as Mr and Mrs X were not sent a letter about a Piece of Mind charge that had to be paid in the accommodation they rent. Before the complaint was considered by the Ombudsman, the Council refunded the charge for the period before it told the complainants about the charge. This remedies the injustice of not receiving the correct information. There is no fault in the Council invoicing for the charge now the complainants are aware it is part of the tenancy for the flat they live in.

The complaint

1. The complainants, Mr and Mrs X, complain they should not be required to pay a Piece of Mind charge when living in extra care accommodation. They say that they do not need the service at the moment.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

4. 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)
5. I have exercised discretion to investigate further back than 12 months, until October 2023 when the Council first considered the complaint and proposed a remedy. This is because this is relevant when considering the events since.

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How I considered this complaint

6. I considered evidence provided by Mr and Mrs X and the Council as well as relevant law, policy and guidance.
7. Mr and Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

8. Mr and Mrs X moved into extra care housing. This housing has a Peace of Mind charge, of £17 per week, for residents as there is a carer on site if needed.
9. Mr X complained to the Council in October 2023 that they were not made aware there was a Peace of Mind charge when they moved in or in the tenancy agreement.
10. The Council upheld this complaint and refunded Mr and Mrs X the Peace of Mind charge from the start of May until the end of August 2023. The Council said that a letter informing them of the charge was not sent to them at the start of the tenancy.
11. Mr and Mrs X argue that they do not need the support of the carer as they support each other and do not want to pay the charge. The Council says that the charge is part of the tenancy of these flats and is there just in case, so they need to pay it.
12. Mr and Mrs X were not informed of the charge when they started their tenancy. This was fault. But, the Council has remedied this by refunding the charge for the first few months and making them aware of the charge. Mr and Mrs X were aware of the charge from October 2023. They have sent several letters to the Council disputing the charge and complain replies have been inadequate and delayed.
13. The Council responded through its complaints procedure in November 2024. This said that the Peace of Mind charge was part of the housing service they lived in and needed to be paid.
14. Mr X says that the Care and Support Statutory Guidance of 18 February 2025 includes section 6.134 that permits an adult to deny an authority to provide any of their care needs. Mr X says that as he and his wife have no care needs, they do not want to pay the piece of mind charge. I have considered this point and do not consider it relevant to the Piece of Mind charge. Mr and Mrs X are able to tell the Council they do not require assistance. But if they chose to live in a housing service that includes a Piece of Mind charge as part of the tenancy, then it is not fault for the Council to expect them to pay the charge.
15. Mr and Mrs X say they were not informed of the charge at first and so the Council rightly refunded the charge for the first few months. But, once they were told of the charge and that it was part of the tenancy they then had the choice to either stay in the housing and pay the charge or find housing which had no charge. They have chosen to stay, aware of the charge and so I cannot find fault with the Council’s decision to invoice them for the Piece of Mind charge.

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Decision

16. I have completed my investigation of this complaint. The Council has taken appropriate action to remedy the injustice from the fault and given a refund of charges until the correct information was given as remedy for injustice. There are no wider public interest issues so no service improvement remedies are needed.

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Investigator's decision on behalf of the Ombudsman