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

The complaint

1. Ms A complains the Council has billed her wrongly for her mother (Ms X)’s care fee contribution, and then failed to correct the issues. She also complains the Council threatened legal action if she did not pay while the complaint was ongoing.
2. Ms A would like the Council to accept that payment has already been made directly to the care home.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X moved into a care home in April 2025. At that stage, the Council was carrying out a financial assessment which was not yet complete.
7. As Ms A has lasting power of attorney for her mother, she was advised to make an estimated weekly contribution toward her care costs while the Council assessed the exact contribution she would have to make.
8. In June 2025, the Council confirmed it had completed its assessment. It sent a detailed breakdown of its assessment and explained it had concluded Ms X could afford to contribute more than the initial estimated cost.
9. The Council explained there was a shortfall in what was due and what had already been paid and set out the outstanding difference.
10. Ms A complained they had already paid the contribution directly to the care home, and it would not make sense to ask the care home to refund this money for Ms A to pay to the Council.
11. In its complaint response, the Council explained there was a shortfall and this difference would have to be paid.
12. Although there appears to be a misunderstanding here, I am satisfied the Council has explained the position and is not seeking payment of fees already paid.
13. Ms A also complained the Council has threatened legal action while the payments were in dispute. The Council is not obliged to suspend such action because of a complaint.

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Final decision

14. We will not investigate Ms A’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman