Summary: We will not investigate this complaint about the Council’s handling of care charges. This is because we cannot achieve the outcome the complainant wants. We will not investigate part of the complaint as it would be reasonable for the complainant pursue his claim through the courts.

The complaint

1. Mr X complains the Council did not calculate fees correctly for his relative’s care costs. He said the Council charged for care while his relative was in hospital. Mr X also says the care his relative was given while at a care home may have been part of the reason they died. Mr X would like compensation for the distress he has suffered.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X says the Council charged for caring for his relative even though he was in hospital and not receiving care. He also says the care his relative received caused their health to deteriorate and led to periods in hospital. The relative died in May 2024.
8. The Council acknowledged its error in charging for care and in September 2024, it refunded the money. It also removed a charge for one-to-one care.
9. I recognise this was and continues to be a very difficult time for Mr X but we are unable to award compensation. The Council has offed a sufficient remedy for its error with care costs and an investigation by the Ombudsman could not achieve a different outcome.
10. The circumstances surrounding Mr X’s relative dying could have been considered by the coroner, whose responsibility it is to decide how a person died and whether anyone caused or contributed to that. We could not say if the relative died because of the care in the care home. It is reasonable for Mr X to pursue the matter of liability through the courts if he wishes.

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Final decision

11. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants and it is reasonable for him pursue the matter through the court.

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Investigator's decision on behalf of the Ombudsman