Summary: We will not investigate this complaint about poor communication about adult social care fees. We are satisfied with the actions the Council has taken, and it is unlikely we would achieve anything further. The Council has accepted fault, apologised, and waived care fees.

The complaint

1. Ms B says the Council repeatedly issued inaccurate and unexplained financial demands about the care of her relative, Ms C. This has caused distress and frustration. Ms B wants the Council to halt payment requests until it has investigated and verified them.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. We have accepted Ms B as a suitable representative for Ms C.
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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

5. 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

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

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My assessment

8. Following Ms B’s complaint to the Ombudsman there was further correspondence to her from the Council. The Council accepted inconsistent and unclear communication about adult social care fees. The Council apologised for the distress and frustration this caused. The Council has written off the outstanding care fees it was seeking, of over £2000.

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Final decision

9. We will not investigate Ms B’s complaint because we are satisfied with the actions the Council has taken to resolve the complaint. It has accepted fault, apologised and waived the fees Ms B was unsure about. It is unlikely an Ombudsman investigation would achieve anything further, so it does not justify our resource to investigate.

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Investigator's decision on behalf of the Ombudsman