Summary: We will not investigate Mr X’s complaint about the Council not taking his late mother Ms Y’s care contributions, then billing for them after she had died and he had distributed her estate’s funds. The complaint is late and there are no good reasons for us to investigate it now. We also could not achieve the outcome Mr X seeks.

The complaint

1. Mr X is the son of the late Ms Y, and the executor of her estate. Ms Y was in a care home. Her placement became partly funded by the Council in early 2023 when her savings fell below the upper threshold of £23,250. Mr X complains the Council:
1. failed to take Ms Y’s care fee contribution payments for several months;
2. delayed in billing him for Ms Y’s care fees until August 2023.
2. Ms Y had died and Mr X had distributed her estate before the Council sent him the care bill. It is seeking £6,000 for Ms Y’s care contributions from Mr X, which he says has caused much stress and worry. Mr X wants the Council to admit it caused the situation and cancel the care fee debt.

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The Ombudsman’s role and powers

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 call ‘fault’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide 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 from Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X received the Council’s bill for Ms Y’s care fee contributions in August 2023. He complained to us about this in August 2025. We expect people to complain to us within 12 months of becoming aware of the matter complained of. The 12‑month period does not start from the end of a council’s complaint process, when a council further pursues a claimed debt, or any other event. Mr X knew about the matter complained of for two years before he complained to us, so the complaint is late.
7. We may decide to investigate a late complaint if we consider there are good reasons to do so. We recognise the death of Ms Y in June 2023 would have been distressing for Mr X. But he could have brought his complaint by August 2024, over a year afterwards, with support from a representative if required by that time. There is insufficient evidence which would give us good reason to investigate this late complaint now, so we will not do so.
8. Even if we were to apply our discretion to further consider this late complaint, we would not investigate. The outcome Mr X wants is for the Council to accept it caused the situation with the care fees not being paid from Ms Y’s accounts then her estate, and for it to waive the fees. Where a person has received adult social care and been assessed as liable to contribute to the cost, councils are entitled to make a charge. We cannot order councils to waive charges for care the person received. We could not achieve the outcome Mr X wants, a further reason for us not to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because:
• the complaint is late and there are no good reasons for us to investigate it now; and
• even if we were to investigate, we could not achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman