Newcastle upon Tyne City Council (25 013 904)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 13 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council charged Miss X for her care costs. Part of the complaint is late and there are no good reasons for us to exercise discretion to consider it now. For the remainder of the complaint there is no worthwhile outcome achievable by our involvement.
The complaint
- Miss X complained about how the Council charged for her care costs, specifically that it:
- issued an invoice in February 2020 for unpaid care costs;
- charged the incorrect amount after her contribution costs should have reduced; and
- incorrectly charged for services she had not used.
- Miss X said the matters had caused a negative financial impact.
The Ombudsman’s role and powers
- 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)
- 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 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X said the Council issued an invoice in February 2020 for unpaid care costs and said this was because of fault by the Council, leaving her having to pay back an unexpected large bill (complaint a).
- Miss X complained to the Ombudsman in September 2025.
- As outlined in paragraph three, we cannot investigate late complaints without good reasons. I have considered whether to exercise discretion to consider this complaint now, however I have seen no good reasons to do so.
- In its complaint response, the Council acknowledged and upheld Miss X’s complaints about charging the incorrect client contribution and for services Miss X had not used (complaints b and c).
- The Council apologised and took corrective action by adding a credit to Miss X’s account and so there is no remaining injustice.
- Given these actions are appropriate, there is likely no other worthwhile outcome achievable by an Ombudsman investigation. For this reason, we will not investigate.
Final decision
- We will not investigate Miss X’s complaint because part of the complaint is late and there are no good reasons for us to exercise discretion to consider it now and there is no worthwhile outcome achievable by us investigating the matters which are not late.
Investigator's decision on behalf of the Ombudsman