Leeds City Council (25 018 777)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint the Council caused confusion about his father’s care costs. This is because we have upheld the complaint as the Council has agreed to resolve the complaint early by making a recognition payment to Mr X.
The complaint
- Mr X complains the Council’s billing was confusing and caused him distress and worry.
- Mr X is seeking a waiver of four weeks’ care costs.
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 further investigation would not lead to a different outcome. (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
- Mr X’s father received care from the Council from Spring 2025. The Council carried out a financial assessment and explained Mr X’s father would have to contribute towards the cost of his care.
- Mr X enquired about costs in July 2025 and was told the sum which was outstanding then. He understood this to mean the figure provided was for costs which had accrued up to the date of his query.
- The Council later explained the sum it had given was for care already billed for, which was only until mid-June 2025.
- Mr X complained the Council should not add fees for the period mid-June to mid-July when he contacted the Council as it had not included this when he asked.
- The Council accepts it has caused confusion as its billing has been delayed and there were errors in the information provided to Mr X. It accepted this and apologised to Mr X when he complained to the Council.
- If we were to investigate the complaint raised it is likely we would find fault because the Council’s billing information was not clear. However, this confusion would not justify a waiver of four weeks of care costs. That care was provided and the Council is entitled to charge for it.
- We therefore asked the Council to make a symbolic payment of £100 to Mr X in recognition of the injustice caused to him, to resolve the complaint early.
- To its credit, the Council has agreed to resolve the complaint and will make the payment to Mr X within a month of this decision.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman