Summary: Mr X complained the Council did not contact him about outstanding care charges until four months after Ms Y’s death. He said it is unfair for the Council to pursue him for the charges when the Council was at fault for the delay. The Council was at fault for delays contacting Mr X about Ms Y’s outstanding care charges. However, I found Ms Y’s estate is not yet settled, so Mr X should use the remaining assets to fund the debt. In recognition of its delays, the Council agreed to waive any outstanding debt that may remain once Ms Y’s estate is fully settled.

The complaint

1. Mr X complained the Council did not contact him about outstanding care charges until four months after Ms Y’s death.
2. By this time Mr X had settled Ms Y’s estate and there was no money left to pay the charges.
3. Mr X said it is unfair for the Council to pursue him for the charges when the Council was at fault for the delay.

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The Ombudsman’s role and powers

4. 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)
5. 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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How I considered this complaint

6. As part of the investigation, I considered the complaint and the information Mr X provided.
7. I made written enquiries of the Council and considered its response along with relevant law and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Executor’s responsibilities

9. The executor is responsible for dealing with any claims against a deceased person’s estate. It is recommended in law that executor’s place an advertisement in The London Gazette to find creditors who are owed money by the estate (under the Trustee Act 1925 for England and Wales). The London Gazette is the official public record of legal notices in the UK. It is also recommended executor’s put a statutory advertisement in a local newspaper.
10. If you do not place a notice and a creditor comes forward after the estate has been distributed, then the executor may have to pay the creditor themself.
11. Once the deceased estates notice has been placed, creditors have 2 months and 1 day to make a claim against the estate.
12. ‘Tell Us Once’ is a service that lets you report a death to most government organisations in one go. A registrar will explain the Tell Us Once service when you register the death.
13. As well as other government organisations, Tell Us Once will notify the local council. This is to cancel Housing Benefit, Council Tax Reduction, a Blue Badge, inform council housing services, and remove the person from the electoral register.

What happened

14. Ms Y was hospitalised in July 2024.
15. The Integrated Care Board (ICB) notified the Council that Ms Y had passed away on 5 September 2024.
16. The Council wrote to Mr X on 6 January 2025 requesting £910.43 in charges for Ms Y’s care. It chased this up on 18 February when it received no reply.
17. Mr X wrote to the Council on 17 March. He said Ms Y passed away on 3 September 2024 and he paid all outstanding debts and invoices received by early November 2024. He then paid out the remaining funds to Ms Y’s beneficiaries. There was therefore no money left in Ms Y’s estate to pay the care charges.
18. The Council wrote to Mr X on 8 May. It said there was a delay in its credit control department being made aware of Ms Y’s passing. They were not notified until December 2024, as the Council’s internal systems had not been updated. It said its credit control department does not receive ‘tell us once’ notifications – they go to a different team. The Council also said it cannot issue debt recovery letters over Christmas, so January was the earliest opportunity.
19. Mr X complained to the Council in June 2025. He said the registrar assured him all government departments would be notified and would contact him for settlement. He paid all accounts and distributed the remaining money to Ms Y’s beneficiary in December 2024. He then received the Council’s invoice in January 2025. Mr X said the Council was treating him unfairly, and had admitted the situation was caused by its own errors.
20. The Council repeated that it was not notified of Ms Y’s passing until December 2024. It said its internal systems had not been updated and Tell Us Once notifications are not automatically shared with all departments.
21. The Council said it followed the standard process once it became aware of Ms Y’s death and updated her account accordingly. It acknowledged Mr X acted in good faith, but said the outstanding charges remained a valid debt of the estate. It said estate debts must be settled before distributing assets or proceeds to beneficiaries, and as the estate had sufficient funds it could not write off the debt.

My investigation

22. I have summarised below some key events leading to Mr X’s complaint. This is not intended to be a detailed account of what took place.
23. Mr X told me when he registered Ms Y’s death in September 2024 the registrar helped him fill out a form to contact all government departments using the ‘tell us once’ service. He thought he had done everything correctly.
24. Mr X settled Ms Y’s fees for her care home accommodation directly with the care home. He also paid funeral costs, bills, and things of that nature. Mr X then gave the remaining money to Ms Y’s daughter in law, as per her wishes.
25. Mr X was unaware of Ms Y’s care charges care until he received the Council’s invoice in January 2025. By then he had finalised Ms Y’s estate.
26. Mr X confirmed Ms Y had two mobility scooters which he has not sold. He said they are both in good condition. Mr X offered them to the Council to sell or use, and is still happy to use them for the outstanding debt.
27. The Council told me the outstanding charges are for Ms Y’s care contributions between June and July 2024. The Council held the contract for the care element of Ms Y’s housing with care arrangements.
28. The Council confirmed it received the ‘Tell Us Once’ notification on 18 September 2024.
29. The Council receives ‘tell us once’ notifications through its brokerage service. This service then transferred the information onto the Adult Social Care database.
30. The Council said its credit control department did not routinely receive these notifications until 25 November 2024. However, credit control now gets updates where a care package is in place. The Council also said a project is underway to streamline and strengthen the ‘tell us once’ process across all Council departments.
31. The Council said it acted appropriately and within the required timescales under the Administration of Estates Act. It said all notifications were issued promptly. It also said Mr X did not place a notice in the London Gazette to call creditors, which was consistent with the estate’s administration requirements.

Analysis

32. Mr X should have placed a notice in the London Gazette to alert potential creditors. Unfortunately, he did not do so.
33. However, Mr X did use the Tell Us Once service. The Council received the notification, and we would expect it to pass the information on to any relevant department or service area promptly. The Council did not do so, which is fault.
34. The Council also received a notification of Ms Y’s death from the ICB. It will be a common enough occurrence for the Council to receive notifications about the death of residents who pay for care and support services. Again, it should have passed this information to relevant departments promptly.
35. When using the London Gazette, creditors have two months and one day to come forward. The Council was notified of Ms Y’s death on 5 September and 18 September. It should therefore have contacted Mr Y by 19 November at the latest.
36. It is not the fault of Mr X that the Council’s internal departments did not communicate efficiently between one another, and that the Council did not realise Ms Y had outstanding care charges promptly. The Council received two notifications about Ms Y’s death, so it the relevant department should have been aware sooner.
37. However, I note Mr X still has two mobility scooters belonging to Ms Y. Her estate has therefore not been fully distributed. Mr X should therefore sell the scooters and use the proceeds to clear the debt with the Council. If the scooters do not raise sufficient funds to cover the outstanding debt, then the Council should waive any remaining charges due to its delays. If Mr X fails to sell the scooters within a reasonable timeframe, say two months from the date of this decision, it will be up to the Council to decide how it wishes to pursue the debt.

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Agreed Action

38. Within four weeks of my final decision, the Council agreed to:
• Apologise to Mr X for not contacting him promptly after it was notified of Ms Y’s passing.
• Agree in writing to waive any charges that may remain after Mr X sells Ms Y’s mobility scooters to pay the outstanding debt.
39. The Council should provide us with evidence it has complied with the above actions.

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Final Decision

40. I found the Council at fault for delays contacting Mr X about Ms Y’s outstanding care charges. However, I found Ms Y’s estate is not yet settled, so Mr X should use the remaining assets to fund the debt. In recognition of its delays, the Council agreed to waive any outstanding debt that may remain once Ms Y’s estate is fully settled.

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Investigator's decision on behalf of the Ombudsman