Summary: There was fault by the Council. The Council delayed chasing up the invoices for care until after the service user died. This has left the family with a large debt. A symbolic payment, apology and consideration of whether the debt should be written off if the estate is not able to pay remedies the injustice caused.

The complaint

1. The complainant, Mr X, complains the Council delayed recovering care fees from 2023, which were only invoiced after Miss M’s death in 2025. Mr X says that he wants the invoices cancelled as the Council has waited too long to recover them.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

4. 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)
5. I have exercised discretion to investigate this complaint from 2023. Whilst the charges are for care from 2023, the Council only pursued the debt from 2025 onwards and so Mr X only became aware of it at that point.

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

8. Miss M received care in her home from 22 May 2023. The Council has said that an initial invoice for £1989 was sent to Miss M on 17 October 2023 following completion of the financial assessment. There is no record of Miss M receiving or paying these invoices so it is not possible to know what happened. As Miss M has died, it is not possible to check if the invoices are correct.
9. The Council then sent Miss M four weekly invoices from November 2023 until December 2024. Miss M paid these invoices.
10. Miss M died on 28 March 2025. The Council has written off some costs invoiced between January and March 2025, but says an invoice of £421.80 remains outstanding. The total debt, including the 2023 debt, is £2411.
11. Mr X became aware of the debt from 2023 after Miss M’s death. In response to his complaint, the Council said ‘I acknowledge that further follow up on our part might have helped to resolve this sooner, and for that, I apologise’. The Council has said that it has apologised for the delay and the impact this had and offered a goodwill payment of £300. This means the total debt is now £2111.
12. On the balance of probabilities it seems likely that Miss M received the care the invoices relate to. Our guidance on remedies says it will not normally be appropriate to recommend the council ‘waive’ payments for care that has been received. The person received the care and should be assumed to have expected to make some contribution’.
13. So, while I appreciate the family want the invoices to be waived the Ombudsman would not routinely recommend this. Having said that, if the delay has meant that there are now no funds available from Miss M’s finances to pay the debts then the Council will not be able to recover the money. I am not aware if Miss M’s estate has sufficient funds to repay the debt. If it does, then it is reasonable for the Council to recover the money for the care Miss M used. If not, then Mr X should provide financial details top show that there are insufficient funds to pay the debt and the Council should consider whether the remaining £2111 should be written off.
14. I have not recommended a service improvement as the Council has said it is currently reviewing how we prioritise debt recovery within the limits of its available resources to prevent similar situations in future.

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Action

15. Within two months of the date of the decision on this complaint the Council should:
• Apologise to Mr X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Consider whether the debt should be written off after considering any evidence supplied by Mr X within one month of the decision on this complaint to show that Miss M’s estate does not have sufficient funds to repay the debt.
16. The Council should provide us with evidence it has complied with the above actions.

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Decision

17. I have completed my investigation and I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman