West Berkshire Council (22 012 930)

Category : Adult care services > Domiciliary care

Decision : Closed after initial enquiries

Decision date : 16 Apr 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council charging for home care services provided to the complainant’s late father. This is because we are unlikely to find fault.

The complaint

  1. Mr Y complains about being sent invoices for home care services provided to his late father, Mr X. He says Mr X did not agree to the service and that he was invoiced for a period after Mr X died.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide we are unlikely to find fault. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. I have read the Council’s responses to Mr Y. These include sending Mr Y documents confirming that Mr X agreed to paying for the services provided. I note it has also cancelled some of the charges due to concerns raised about the quality of the care. And it has confirmed that Mr X was not charged for a period after he died as the dates in question refer to dates the invoice was raised.
  2. We will not investigate as we are unlikely to find fault.

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Final decision

  1. We will not investigate Mr X’s complaint because we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman

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