Summary: We will not investigate Mr X’s complaint about a phone conversation he had with the Council about settling his mother’s unpaid care bill following her death. This is because an investigation by this office would not be able to add to the response already provided via the Council’s own investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about a telephone conversation he had with a Council officer about settling his mother’s unpaid care bill following her death. Mr X complains about the manner and tone of the conversation which he says was aggressively determined to collect the debt and left him feeling pressured into paying the debt quickly.

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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)
3. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about the manner and tone of a telephone conversation he had with a Council officer about settling his mother’s unpaid care bill following her death in May this year. Mr X said he felt the conversation escalated quickly into him being pressured to pay the debt. He did not feel the Council was concerned about his situation. He is unwell and is currently living in his mother’s house, which is her only remaining asset.
7. The Council investigated. It spoke to the officer and reviewed the notes of the call. It explained the reason for the call and could see this was set out in the call notes. During the call the officer had asked Mr X about his intentions in settling the debt and provided information about the need to pay the outstanding fees. The officer also explained that if, as Mr X had indicated, he did not intend to sell his mother’s house to settle the debt then an arrangement would need to be made for payment. It noted at no point during the conversation had Mr X indicated he wanted the conversation to stop.
8. In its complaint response the Council confirmed the options available to Mr X to settle the debt. It apologised if Mr X found the conversation distressing.
9. This is not a complaint we will investigate. This is because an investigation by this office would not be able to add to the response the Council has already provided via its own investigation of the complaint. The Council has explained the reason for the call and the matters discussed during the call. There is nothing further we could add to this. We are unable to reach a view on the tone of the call further to the response already provided by the Council as we were not party to it.

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Final decision

10. We will not investigate Mr X’s complaint, This is because an investigation by this office would not be able to add to the response the Council has provided via its own investigation.

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Investigator's decision on behalf of the Ombudsman