Summary: We will not investigate this complaint about Mr X’s care fees because there is not enough evidence the Council is at fault to warrant an investigation.

The complaint

1. Mr X’s daughter, Miss A, complains the Council sent invoices for her father’s care fees to her old address. She says she had moved house so did not become aware of the outstanding fees until the Council called her about six months later.
2. Miss A says the Council has caused distress by chasing payment of the fees and would like the fees to be waived or reduced.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council carried out a financial assessment for Mr X in late 2024. Miss A helped to complete her father’s financial assessment form, and her address was put under a section headed ‘person managing your affairs’.
7. Miss A confirms the Council made it clear her father’s assessment concluded he would need to contribute toward his care costs.
8. The Council began sending invoices for Mr X’s contribution to Miss A’s address. However, she had moved house so did not receive them.
9. Miss A says she and her father were told by the care company that he did not need to make any payments for his care as this was being done by the Council.
10. Around six months after the care began, the Council called to speak with Miss A about the outstanding invoices.
11. Miss A says the fact she was told by the care provider that no payment was due and the invoices not being sent to her father’s address makes the Council at least partly responsible for the outstanding fees.
12. However, it is clear the Council told her a contribution was due and it was not the Council which contradicted this.
13. Although it may not have been Miss A’s intention that the Council use her address for correspondence, it was provided on the financial assessment form under the person managing Mr X’s affairs.
14. The advice from the care provider is technically correct, in that their fees were being paid by the Council and Mr X was not required to make a payment to them.
15. If there was any confusion about the fees, it would be reasonable to contact the Council and ask for clarity.
16. As the service has been provided, the Council can pursue payment of Mr X’s contribution. Any argument about the validity of the Council’s claim can be decided by a court.

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Final decision

17. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman