Summary: We will not investigate Mr X’s complaint about how the Council invoiced his wife for her father’s care. This is because any injustice is not significant enough.

The complaint

1. Mr X complains on behalf of his wife who is executor of her father’s estate. He says the Council wrongly invoiced his wife for care her father received before he died. He says this was stressful and he wants compensation.

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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 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about invoices issued in error. The Council upheld his complaint. It /waived the invoices, apologised and agreed that information was not acted on appropriately. It said it had reviewed its processes and shared information with all relevant officers. It said it would also introduce a central record accessible to all relevant officers and undertake a full case review.
6. Mr X said he wanted compensation. The Council said it felt it had taken appropriate action and changed its processes because of the complaint. It did not offer Mr X compensation.
7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. I consider any injustice is not significant enough to justify an investigation by the Ombudsman.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice is not significant enough.

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Investigator's decision on behalf of the Ombudsman