Summary: We have discontinued our investigation into Mrs B’s complaint about how the Council charged her daughter for her care and support. Since Mrs B complained to us the Council has responded to Mrs B and dealt with her complaint. It would be now be reasonable for Mrs B to ask for the Council to review the complaint if she is still dissatisfied.

The complaint

1. The complainant, whom I refer to as Mrs B, complains on behalf of her daughter, whom I refer to as Miss B.
2. Miss B – an adult with severe learning disabilities – went into hospital in April 2022 after a fall. She was not discharged until August. She continued to pay the Council a contribution towards her usual care during that period and, although she received none of that care while she was in hospital, Mrs B says the Council failed to refund her.
3. Mrs B also complains that she was trying to contact the Council about this since May 2022 – including a formal complaint in October – and received no response.

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The Ombudsman’s role and powers

4. 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 it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information from Mrs B and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. We cannot normally investigate a complaint unless we are satisfied the council knows about it and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to give the council that opportunity.
7. We accepted Mrs B’s complaint for investigation because she had waited a significant amount of time for the Council to respond to her complaint. It was reasonable for us, at that point, to decide to investigate.
8. However, since then the Council has responded to Mrs B’s complaint, has dealt with the substantive matter (its failure to refund Miss B for care she paid for and did not receive), and has offered Mrs B a right of review if she is dissatisfied.
9. This means it would now be reasonable for Mrs B to ask the Council for that review if she feels it is necessary. If she remains dissatisfied after doing so, she can approach us again and ask her to look at her complaint.

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Final decision

10. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman