Summary: We will not investigate Ms X’s complaint about delays in billing for adult social care costs because the complaint is late and there are no good reasons to investigate now. Even if we did agree to investigate, it is unlikely this would achieve a different outcome to the one proposed by the Council during its complaints process.

The complaint

1. Ms X complained about errors and delayed billing by the Council in relation to adult social care costs for her late mother, Mrs Y. Ms X said the delays meant she could not properly manage her mother’s finances. She also said her mother’s estate has been administered so there are no funds available for the outstanding costs the Council is claiming, and she wants the Council to write them off.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

5. I considered information provided by Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs Y received some adult social care at home from December 2020. She had some respite stays in a care home during 2022 and moved to a permanent nursing placement in November 2022. From December 2022 until her death in January 2023, the cost of Mrs Y’s care was funded by a Health body. The Council issued final invoices in May and July 2023.
8. We usually expect people to complain to us within 12 months of the events complained about. Ms X had notice of the late invoices in May and July 2023 but did not complain to us until July 2025. There is no evidence Ms X could not have complained to us earlier and there are no good reasons to decide to investigate now.
9. Even if we decided there were good reasons to consider the complaint, I note the Council has already offered a symbolic payment of £200 to remedy the injustice caused by the billing delays. If we investigated and found the Council was at fault for a delay in sending invoices, we would recommend a symbolic payment, so it is unlikely further investigation by us would lead to a different outcome. Where a person has received adult social care, the Council is entitled to charge for it, and we would not be able to recommend it waives the charges in the circumstances of this case. Therefore, we could not achieve the outcome Ms X wants, which is to ask the Council to write off the outstanding costs.
10. For all the above reasons, we will not consider this complaint further.

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Final decision

11. We will not investigate Ms X’s complaint because it is late and, even if there were good reasons to investigate now, further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman