Summary: We will not investigate how the Council dealt with a complaint about care charges as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complains the Council has refused to investigate his complaint about his late father’s care charges which are now owed by his father’s estate. Mr X feels the Council has wrongly applied the law. Mr X says he has been caused stress and anxiety.

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The Ombudsman’s role and powers

2. 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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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 refused to investigate Mr X’s complaint as it said he had not complained to it within 12 months of him knowing about the problem. In its complaint responses to Mr X, the Council said he had been aware of the charges since 2023, had been advised to complain at the time if he wanted to challenge them and that he had been sent a monthly invoice for the charge since 2023. Mr X did not complain to the Council until July 2025.
7. Mr X considers the Council has failed to properly consider the relevant law, that is, the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (the Regulations). In particular, Section 12(2) of the Regulations which allow investigation of a complaint outside the 12 month timeframe, if the responsible body is satisfied that there were good reasons for the delay and notwithstanding the delay, it is still possible to investigate the complaint effectively and fairly. The Council’s final complaint response said however that due consideration had been given to this section of the Regulations but that the conclusion not to investigate was appropriate.
8. I recognise Mr X is unhappy with this, but we will not investigate as I consider it is unlikely we will find fault by the Council. It considered the necessary law and came to a decision it was entitled to. In the absence of fault in this decision-making process, we cannot question the decision itself. I appreciate that Mr X may have accepted this decision if the Council’s consideration had been more explicitly described, but I do not consider this constitutes evidence of fault that would warrant our further involvement.

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Final decision

9. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman