London Borough of Havering (25 012 711)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council explained care costs and associated fees to the complainant. We cannot add to the previous investigation completed by the Council.
The complaint
- Ms B complains the Council failed to be transparent about care costs and associated fees she pays for her parents’ homecare. She says the Council has failed to respond to her requests for information, has charged for care not provided, failed to disclose information about a brokerage fee paid annually and failed to provide care which is value for money. Ms B says the situation has affected her deeply and impacted her role as her parents’ main carer. She says the situation has impacted adversely on her health and wellbeing.
- Ms B says the Council should recognise and respect the significant role she has as her parents’ primary carer and provide fair and transparent communication. She also says it should review the excessive charges demanded by the care provider and ensure she is given the option of direct payments or other financial support.
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:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants, or
- it would be reasonable for the person to ask for a council review or appeal; or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms B said she provides care to her parents at home and is their main carer. She confirmed care workers working for a Council commissioned care agency provides paid homecare to her father.
- Ms B said she contacted the Council in June 2025 to ask it to provide a clear itemised breakdown of care costs relating to her father’s care. She said she had only received confusing figures from the Council which did not explain how the Council calculated charges or clarified what percentage of the hourly rate it paid to care workers.
- The Council replied to Ms B’s complaint and apologised for its delay responding to her and for the lack of clarity regarding payments made for her father’s care. It confirmed the hourly rate it paid the care agency but could not say how much the care agency paid its care workers.
- The Council also explained the annual brokerage fee provided a breakdown to show what the fee covered. It included invoices for three months and gave details about the charges. The Council did not respond to Ms B’s role as her parents’ main carer because she did not raise this issue in her complaint to the Council.
- We will not investigate this complaint as we cannot add to the previous investigation completed by the Council. The Council has now explained the charges to Ms B. It apologised for not doing so sooner and this action provides a proportionate remedy. Ms B can ask the Council to assess her needs her parents’ main carer. If she has needs eligible for care and support, she can ask the Council for a personal budget.
Final decision
- We will not investigate Ms B’s complaint because we cannot add to the previous investigation completed by the Council.
Investigator's decision on behalf of the Ombudsman