Summary: We will not investigate Mrs X’s complaint about how the Council handled communications with her following her mother’s death. Any outstanding injustice is not significant enough to justify our involvement.

The complaint

1. Mrs X complains about how the Council handled communications with her following her mother, Mrs Z’s, death.
2. She says this caused her distress and anxiety.
3. She wants the Council to acknowledge it was insensitive, review its procedures and pay her compensation.

Back to top

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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Following the death of Mrs Z, the Council contacted Mrs X about matters relating to outstanding care fees.
8. Mrs X was unhappy with the timing of these communications which began a few days after Mrs Z’s cremation.
9. Mrs X complained about how the Council communicated with her during this period. The Council waived the invoice because it had not followed the correct procedures before issuing it. It also apologised for causing Mrs X distress but did not agree to offer her compensation. Therefore, Mrs X came to us.
10. We will not investigate this complaint. Although I do not doubt these communications came at a difficult time, the Council is entitled to pursue outstanding fees and we could not criticise it for doing so, regardless of when they took place. And although ultimately the fees were waived, this does not make the timing of the Council’s actions wrong. In addition, the Council has made a meaningful apology for the distress it caused Mrs X and this is an appropriate remedy to address this.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because any outstanding injustice is not significant enough to justify our involvement

Back to top

Investigator's decision on behalf of the Ombudsman