Summary: Mr X complains about the Council pursuing him for his mother’s outstanding care fees. Mr X had agreed to be a guarantor for his mother in 2012. The Ombudsman has discontinued his investigation. This is because there is no worthwhile outcome achievable from further investigation.

The complaint

1. Mr X signed a form agreeing to be a guarantor for his mother, Mrs Y, in 2012. Mrs Y has outstanding care debts and the Council has asked Mr X to pay for this. Mr X complains the Council did not provide him with any information about being a guarantor when he signed the form. He said he would not have signed the form if the Council had explained to him what it meant to be a guarantor. Mr X says he cannot afford to pay the outstanding debt.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke with Mr X and considered the information he provided.
5. I made enquiries with the Council and considered the information it provided.
6. I sent a draft decision to Mr X and the Council and considered their comments.

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What I found

What happened

7. In 2012, during a meeting with a financial officer, Mr X signed a form agreeing to be Mrs Y’s guarantor.
8. The Council provided records of this meeting. There is no evidence the financial officer provided Mr X with any information about being a guarantor. The records only noted he signed the form agreeing to be a guarantor. However, the form Mr X signed clearly stated Mr X would be responsible for all present and future fees due to the Council.
9. Mrs Y died in 2019. She had outstanding care fees of around £2300. The Council asked Mr X to pay for this as he was her guarantor. Mr X said he could not afford to pay these fees and was not aware his mother had debts.
10. In response to my enquiries, the Council said the form was legally binding and that it could pursue Mr X for the debt. The Council also said Mr X had been aware of his mother’s debt since 2014 as he had been making additional payments to reduce the debt. The Council said these payments continued until May 2019.
11. The Council has offered to waive Mrs Y’s outstanding balance in order to bring the matter to a close. Mr X has accepted the Council’s offer.

Analysis

12. The evidence shows Mr X signed a form agreeing to be his mother’s guarantor in 2012. It does appear the social worker did not provide Mr X with any information about what being a guarantor entailed. However, it is clearly stated on the form which Mr X signed.
13. The Council has offered to waive the outstanding balance. This is a remedy of around £2300 and Mr X has accepted the offer.
14. There is no other worthwhile outcome the Ombudsman could achieve from further investigation. The Council’s remedy offer exceeds what the Ombudsman could achieve.
15. Therefore, I have discontinued my investigation.

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Final decision

16. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman