Summary: We will not investigate this complaint about the Council's handling of a Deferred Payment Arrangement and recovery of care charges relating to Dr Z's late mother because we cannot achieve the outcome sought.

The complaint

1. Dr Z complains on behalf of her late mother, Mrs Y. She says the Council failed to properly establish a Deferred Payment Arrangement (DPA) for Mrs Y's residential care fees because it did not register the required legal charge against the property and did not follow the DPA process correctly. Dr Z says despite admitting fault, the Council is now seeking to recover the outstanding care fees from her mother's estate. She says this has left the estate with a large unsecured debt and caused distress and uncertainty for the family. Dr Z considers it unfair for the Council to pursue recovery of the full outstanding charges in these circumstances. She wants the Council to write off the outstanding care fees or provide a financial remedy to reflect the injustice caused by its failings.

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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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants, (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Prior to her death, Mrs Y was living in a care home arranged by the Council. The Council arranged and funded her care under a Deferred Payment Arrangement (DPA), with Mrs Y remaining liable for the care charges.
6. A Deferred Payment Agreement (DPA) is an arrangement where a council pays a person's care home fees on their behalf and recovers those costs at a later date, usually when the person's property is sold or from their estate after their death.
7. Following Mrs Y's death, Dr Z became aware that the Council had not properly implemented the DPA because it had not registered the required legal charge against the property. She complained to the Council about its handling of the DPA and its attempts to recover the outstanding care charges.
8. The Council investigated the complaint and accepted fault. It acknowledged the DPA process had not been followed correctly, that a legal charge should have been registered, and its failure to do so was an administrative oversight. The Council apologised for these failings and identified service improvements, including auditing other DPAs, registering any missing legal charges, strengthening oversight, and providing staff training. The Council also explained that, although the debt was now unsecured, it considered the outstanding care charges remained payable by the estate.
9. We will not investigate this complaint as we cannot achieve the outcome Dr Z seeks, we cannot require the Council to write off the care charges or make a financial award to an estate. The Council has already investigated the complaint, accepted fault, apologised, and identified service improvements. There is nothing further we could add to this.

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Final decision

10. We will not investigate Dr Z’s complaint because we cannot achieve the outcome sought.

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Investigator's decision on behalf of the Ombudsman