Summary: We have discontinued the investigation into Mrs B’s debt to the Council as nothing can be achieved by further investigation of this complaint.

The complaint

1. Mrs B pays a financial contribution towards the cost of her care package. She complains about a debt which has accrued. She says the Ombudsman told her in a previous decision that ‘it was all sorted and she should forget all about it.’

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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. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6))

4. If we are satisfied with an organisation’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

5. I have considered the information the Council has sent me and the Ombudsman’s previous decision in the matter.

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What I found

6. Mrs B lives in her own home and receives care and support funded by the Council. Mrs B pays a contribution from her income to the cost of the care package.
7. Mrs B complained to the Ombudsman in 2019 and said the contribution was not calculated correctly and was too high. The Ombudsman investigated her complaint in December 2020. The Ombudsman did not find fault with the way the Council had calculated Mrs B’s contribution.
8. Mrs B only paid part of her contribution between February 2020 and May 2022 and this resulted in a debt to the Council. She says she was advised by the Ombudsman that she did not owe the debt.
9. I have looked at the Ombudsman’s decision from 2020 but it does not say this. The only error that the Ombudsman found in the Council’s actions was that Mrs B was undercharged before October 2019. The Council agreed not to backdate the increased charge to before October 2019 so Mrs B benefitted from that error.
10. I note from the Council’s complaint response dated 16 May 2022 that the Council offered Mrs B the opportunity to repay the outstanding debt at a rate of £10 a week.
11. As I do not think that anything can be gained by further investigation of this complaint, I will discontinue the investigation.

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Final decision

12. The investigation has been discontinued.

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Investigator's decision on behalf of the Ombudsman