Summary: We will not investigate this complaint about the Council taking monies from Ms B’s account. This is because the Council has agreed to reduce the debt owed by £100, repay the money back into Ms B’s account, apologise for the distress caused, and agreed to send Mr C copies of all invoices and requests for payment. We are satisfied this remedies the injustice caused by the fault.

The complaint

1. Mr C complained the Council took all of his daughter’s, Ms B ‘s savings when it took £1986.40, a debt incurred between January and April 2023 when her contribution towards her care package increased. Mr C says the Council’s letter was misleading and invoices show the debt dated back to 2020. Mr C says it was only when the Council decided to review its procedures it found the discrepancies in payment. Mr C says he is Ms B’s Power of Attorney and should have been informed of the changes before the Council took the money directly from Ms B’s account. Mr C says he wrote to the Council in August 2023 suggesting a repayment plan of £60 a month to repay the amount Ms B owes but did not receive a response from the Council.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council agreed to put the money it had taken back into Ms B’s account following Mr C’s complaint. It said on receipt of receiving evidence of Powers of Attorney it will ensure letters and invoices regarding care charges are sent directly to Mr C. Mr C sent the requested documentation. The Council repaid the monies it took from Ms B’s account and agreed to reduce the debt by £100 to remedy the distress taking the money directly from the account caused. The Council confirmed the debt had occurred between January and April 2023 when Ms B received an increase in her benefits, this subsequently increased the amount of contribution she should pay towards her care package. We are satisfied the Council has remedied the injustice caused by the fault and further investigation by us could achieve no more than this.
6. Mr C says he wrote the Council in August and discussed on the telephone ways Ms B could repay the monies she owes. Mr C suggested a repayment plan of £60 a month but did not receive a response. Mr C has not complained formally about this point, so it is too soon for the Ombudsman to consider this complaint. I have asked the Council to communicate with Mr C about a repayment plan so it can recover the debt Ms B owes. If Mr C is unhappy with the repayment plan offered by the Council he can complain formally to the Council explaining what he is unhappy with and come back to the Ombudsman for further consideration if he remains dissatisfied.

Back to top

Final decision

7. We will not investigate Mr C’s complaint because we are satisfied the injustice caused by the fault has been remedied.

Back to top

Investigator's decision on behalf of the Ombudsman