Summary: We will not investigate Miss X’s complaint that the Council requested she pay back an historic debt for care she says she either did not receive or which she considered sub-standard. There is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complains the Council is now requesting she pay back an outstanding debt for care charges she incurred for a period up to April 2023. Miss X also complains about how the Council handled her complaint about this.
2. Miss X says she has been caused distress and anxiety.
3. She would like the Council to respond to all of her complaints, acknowledge its failings and waive the debt she owes.

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The Ombudsman’s role and powers

4. 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 there is not enough evidence of fault to justify investigating. (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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In April 2022 the Council assessed Miss X’s finances and informed her she could afford to contribute around £71 a week towards the costs of her care.
8. In 2023, Miss X complained to us about the care she had received from Provider B. We investigated and found some fault with other matters relating to the Council’s actions but not with the care itself. By April 2023, Provider B had given notice and stopped providing Miss X with her care.
9. Miss X says a Council social worker told her at the end of 2024 that she owed care fees for the period she received care from Provider B. She complained to the Council and said she should not have to pay for the care because it was sub-standard.
10. The Council responded and said it would not waive the debt. It did, however, find a short period when it charged Miss X for care after Provider B had cancelled its services. It said it had issued Miss X with a credit note of £90 to offset a small portion of what she owed.
11. We will not investigate this complaint. Miss X received the care. We investigated and found no fault with it. Miss X has been assessed as able to afford the contributions and, therefore, there is no evidence of fault in the Council’s request that she repay it.
12. Miss X says she only became aware of the debt at the end of 2024 when a social worker told her. However, she has been aware since April 2022 that she had to contribute towards the costs of her care. It follows that if she did not pay that contribution, then she would end up in debt to the Council. Therefore, it is immaterial when the social worker informed her of this fact.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman