Summary: We will not investigate this complaint about backdated care fees and payment reminders from the Council following the cancellation of the bill as there is insufficient remaining injustice arising from this to justify our further involvement.

The complaint

1. Mr X complains about backdated care fees the Council asked his mother to pay. The Council cancelled the charge but sent a bill again for it to Mr X after his mother had passed away. Mr X says this caused him distress particularly as he was grieving for his mother.

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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 any fault has not caused significant injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council told Mr X that due to an administrative error care charges had not been properly billed, and this resulted in a large, backdated bill being sent out. In recognition of its error, the Council wrote off the charge.
6. Despite writing off the charge, the Council sent two reminder letters to Mr X for payment of it. This was after Mr X’s mother had passed away.
7. I appreciate that Mr X’s mother/Mr X may have been caused upset to have received the backdated bill but any injustice from this was remedied by the Council writing off the charge. We could not add to this.
8. I recognise it must have been distressing for Mr X to then receive two reminders for the written off amount, particularly so after they were sent after his mother had passed away. However, of itself this does not represent a level of injustice serious enough to warrant our further involvement. We will not therefore investigate this as a separate matter.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient remaining injustice arising from any Council fault to warrant out further involvement.

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Investigator's decision on behalf of the Ombudsman