Summary: We will not investigate this complaint about care charges because further investigation would not lead to a different outcome, and we are satisfied with the actions the Council has taken in this complaint.

The complaint

1. Miss Y complained the Council failed to advise her that care she was receiving would become chargeable following a change in her benefits; despite previously having been told she did not need to pay for the care.
2. Miss Y says this led to her being sent an invoice for nearly £700 and as a result she had to stop the care until Miss Y was able to understand the charges. Miss Y says this caused her severe distress.

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The Ombudsman’s role and powers

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 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, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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

5. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The Council has admitted fault in this case. It has offered Miss Y £150 to recognise the emotional impact on her of the issue and has apologised to her in writing. It has also cancelled the invoices Miss Y received, amount to a waiver of costs of nearly £700. Miss Y feels the amount offered does not sufficiently acknowledge the upset caused to her. She consequently has approached us.
7. Within the Council’s response, it has acknowledged that the situation has been distressing for Miss Y. It has acknowledged its fault and the impact it has had on Miss Y’s ability to trust the Council. It has also recognised that the upset caused to Miss Y was avoidable and it has apologised for this.
8. When we investigate complaints and find fault causing an injustice, such as the upset caused to Miss Y in this case, we make recommendations to try to put someone back into the position they would have been in had the fault not occurred.
9. Here the Council has properly considered and investigated the complaint and its impact. Had Miss Y have been told about the impact her change in benefits would have on the cost to her care, she would have had the choice of whether to apply for the benefit and alter her finances or not. However, she may have chosen to accept the change in the charge and receive the care. In this case, Miss Y did receive the care and, albeit unknowingly, the charges for the care therefore applied.
10. The Council’s response to Miss Y’s complaint has included a cancellation of the invoices she received, which had charged Miss Y nearly £700. This is at the cost to the Council. This seeks to put Miss Y back into the position she would have been in, in removing the unexpected charges. She then has a choice of whether she wishes to continue receiving the care and paying the charge or not receiving the care.
11. The Council has then considered the emotional impact to Miss Y. IT has acknowledged this in its complaint response and apologised to Miss Y. It has also offered her £150 to recognise the emotional impact on Miss Y. While Miss Y may feel this is insufficient, it is in line with our own guidance on remedies and we would consider this to be an appropriate remedy to her injustice. This, along with the waiving of the costs for the care received, would consequently, be considered a proportionate remedy to the complaint.
12. As it is unlikely the Ombudsman would be able to add to the original investigation. Further, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault. Consequently, it is unlikely further consideration of this complaint would lead to a different outcome, and we are satisfied with he Council’s actions in response to this complaint. We will therefore not investigate this complaint further.

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Final decision

13. We will not investigate Miss Y’s complaint because further investigation would not lead to a different outcome, and we are satisfied with the actions the Council has taken in this complaint.

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Investigator's decision on behalf of the Ombudsman