Summary: We will not investigate this complaint about the Council pursuing Mr X for payment of his late mother’s care fees. This is because the Council intends to take the matter to court where a decision can be made.

The complaint

1. Mr X complains the Council is pursuing his late mother’s estate for outstanding care fees. He says the claim is unfair and unlawful.
2. Mr X also complains about decisions made by the Council in 2022, and care cost information provided to him. He also says the care provided does not warrant the cost claimed.
3. Mr X would like the outstanding fees to be waived and for some of the fees paid to be refunded.

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The Ombudsman’s role and powers

4. 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 we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable. (Local Government Act 1974, section 26A(2) and 34C(2), as amended)

6. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
7. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council carried out a Best Interests meeting and made a decision about Mr X’s mother’s care in 2022. The Council says Mr X, his mother and his brother were included in that meeting. Following the decision, care at home was put in place, to be paid for privately.
11. Mr X later told the Council the care at home was not meeting his mother’s needs and she was placed in a care home. She passed away in April 2025.
12. Mr X is the executor of his mother’s estate.
13. The Council and Care Provider pursued the estate for payment of outstanding fees.
14. Mr X complained the claims for outstanding fees are unlawful and gave his reasons why he feels they should be waived, and some of the fees already paid should be refunded.
15. The Council has explained the reasons it considers its claim is valid and asserted it would issue a county court claim if fees are not paid.
16. Issues which occurred more than 12 months before the complaint was brought to the ombudsman are late. This means everything which happened before November 2024 would not usually be investigated by us.
17. If we were to investigate any issues within those 12 months, this would leave a large part of the matter still without resolution.
18. Further, this would not prevent the Council from pursuing payment through the courts as it has a legal right to do so.
19. It is therefore better for the courts to consider the Council’s claim and Mr X’s defence to that claim as an investigation by this office would leave the matter incomplete.

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Final decision

20. We will not investigate Mr X’s complaint because we would not achieve the remedy he is seeking if we were to investigate. The issues are better dealt with by a court.

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Investigator's decision on behalf of the Ombudsman