Summary: Mr X complained the Council delayed in dealing with his enquiry about a deferred payment agreement, causing significant distress. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy to Mr X in recognition of the injustice caused.

The complaint

1. Mr X complained the Council took five months to consider an enquiry about a deferred payment agreement for his father’s care, before eventually confirming he would need to apply to a different Council.
2. Mr X said this caused significant distress as the care had to be funded for a period before the Council provided its response. This would have been avoided if the Council had provided a timely response.

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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 further investigation would not lead to a different outcome. (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. If we investigated the complaint, it is likely we would find the Council at fault for the time it took to provide its eventual response.
7. We therefore asked the Council to consider remedying the injustice caused by its actions by making a recognition payment of £500 to Mr X.
8. To its credit, the Council has agreed to do this within a month of this decision.

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Final decision

9. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman