Summary: We will not investigate this complaint that the Council agreed to a payment plan to cover debts owed in care home fees and has now commenced legal action. It would be reasonable for the issues the complainant has raised to be mentioned as part of legal proceedings.

The complaint

1. Ms X complains the Council agreed to a payment plan to cover debts owed by her father’s estate of around £86,000 but has now started legal action.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Following setting up several payment plans which were not followed, the Council has now commenced legal action to recoup debts owed by Ms X’s father’s estate.
6. Ms X can challenge any decisions the Council has made in court. Therefore, we will not investigate this complaint.

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Final decision

7. We will not investigate Ms X’s complaint because the issues she raised could reasonably be mentioned as part of legal proceedings.

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Investigator's decision on behalf of the Ombudsman