London Borough of Islington (25 010 484)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about charges for adult social care. We could not add to the investigation the Council has already done and are satisfied with the actions taken by the Council when considering Miss Y’s complaint.
The complaint
- Miss Y, represented by Mr Z, complained the Council had delayed sending invoices for her, did not carry out a fresh financial assessment, and wrongly calculated the costs.
- Mr Z said this caused distress.
- Mr Z wants the Council to provide clarity about the monies owed and provide choices for how this can be paid.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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(i), as amended)
How I considered this complaint
- I considered information provided by Mr Z and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Through its complaints procedure, the Council accepted fault for delays in issuing invoices to Miss Y and for providing a wrong amount owed.
- The Council carried out a fresh financial assessment which Mr Z agreed with.
- To its credit, the Council also reduced the amount owed to reflect the shortfalls in the financial assessment and invoicing processes. We could not add to the investigation the Council has already undertaken.
- Mr Z has confirmed the complaint is now resolved. We are satisfied with the actions the Council has taken so can complete our assessment.
Final decision
- We will not investigate Miss Y’s complaint because we could not add to the investigation the Council has already done and are satisfied with the actions the Council has taken.
Investigator's decision on behalf of the Ombudsman