Summary: We cannot investigate Ms X’s complaint about the Council charging her late mother, Mrs Y, for a full contribution towards her placement at a care home. This is because the matter has been considered by the courts. The law prevents us from investigating complaints which have already been considered by the courts. Ms X’s complaint is also late and there are no good reasons why she did not complain sooner.

The complaint

1. Ms X complained the Council charged her late mother, Mrs Y, for a full contribution towards her placement at a care home. Ms X said the Council failed to make her aware of the charges. Ms X said the matter has caused her distress as the Council is pursuing her for a significant outstanding debt.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In early 2019, Mrs Y was temporarily residing at a care home. A few months later, Mrs Y’s placement became permanent. Later in 2019, the Council completed a financial assessment with Mrs Y as her placement at the Care Home had become permanent. The assessment concluded Mrs Y was to pay a full contribution towards her care. The Council said it issued Mrs Y its decision letter in 2019 which was also addressed to her daughter, Ms X.
7. In June 2020, Ms Y died. Ms X said around this time, the Council notified her of outstanding care charges. Ms X said since then, the Council has pursued her for the outstanding charges. Ms X said the Council failed to make her aware of her mother’s contribution towards her care. In her complaint to us, Ms X said the Council took the matter to the courts and a judge ordered her to pay the charges.
8. We cannot investigate Ms X’s complaint as the matter she complains of has already been considered by the courts. The law prevents us from investigating matters which have been considered by the courts.
9. Furthermore, Ms X said she became aware of the outstanding charges in 2020, when her mother died. We expect people to complain to us within 12 months of becoming aware of the matter complained of. Therefore, the complaint is late and there are no good reasons why Ms X did not complain to us sooner.

Back to top

Final decision

10. We cannot investigate Ms X’s complaint as it has already been considered by the courts and the complaint is late.

Back to top

Investigator's decision on behalf of the Ombudsman