Summary: Mrs X complained the Council has wrongly charged her for care services she has not used. We have ended our investigation into Mrs X’s complaint because it is late, and there are no good reasons to exercise discretion to investigate it.

The complaint

1. Mrs X complained the Council has wrongly charged her for care services she has not used. As a result, she has a large bill for outstanding care fees.
2. Mrs X is represented by her advisor (Mr Y) in bring her complaint to the Ombudsman.

Back to top

The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. 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)

Back to top

How I considered this complaint

6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

8. Mrs X received care and support in 2016 and from 2018 to 2020. The Council arranged the care. It says it sent her regular invoices in line with its billing cycle.
9. Mrs X set up a standing order of £10 per month in 2019. She says she was paying off the historic debt from 2016. The Council noted on its file Mrs X’s payments addressed the arrears, but not her ongoing care charges.
10. The Council spoke to Mrs X in June 2020. It explained the outstanding debt for her care charges was £4,562.32. Mrs X cancelled her care the following week and agreed to increase the standing order to £20 per week.
11. The Council sent a letter to Mrs X in July 2020. It detailed the outstanding care charges from 2016 and from 2018 to 2020.
12. The Council sent a further letter to Mrs X in August 2020. It enclosed the final invoice and the other outstanding invoices.
13. Mrs X says she phoned the Council in early January 2025 to discuss her outstanding balance from the 2016 debt. The Council sent a letter to her on the same day and provided her with a statement of her account. This detailed the outstanding invoices on her account.
14. Mr Y complained to the Council in August. He said Mrs X disputed the hours in the invoices from October 2018 to July 2019. He also said Mrs X disputed receiving any care from July 2019 to May 2020.
15. The Council responded in early September and said it could not investigate the complaint as it was out of time.
16. Mr Y referred Mrs X’s complaint to us in mid-September.

Back to top

Analysis

17. Mr Y referred Mrs X’s complaint to us in September 2025. He said Mrs X only became aware of the charges from 2018 to 2020 when the Council sent her the letter in January 2025.
18. The Council has provided me with invoices it says it sent to Mrs X from 2018 to 2020. These are dated, explain when the deadline for payment is, and are properly addressed to Mrs X. I am therefore satisfied, on balance, the Council sent the invoices to Mrs X. The Council’s contemporaneous case notes also detail conversations with Mrs X in 2019 and 2020 about the outstanding care charges.
19. The Council also sent letters to Mrs X in 2020 about the charges, and it enclosed the invoices. Mrs X increased her standing order in July 2020 to £20 to address these charges. I am therefore satisfied Mrs X became aware of the Council’s charges from 2018 to 2020 at the time. Mrs X’s complaint is therefore late. I have seen no good reasons for her delay in bringing her complaint to us and so I will not investigate discretion to investigate it.

Back to top

Decision

20. I have ended my investigation. Mrs X’s complaint is late, and there are no good reasons to exercise discretion to investigate it.

Back to top

Investigator's decision on behalf of the Ombudsman