The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council further invoicing Mr B for his late father’s, Mr D’s, care after sending a final invoice. This is because we could not add to the Council’s response or make a different finding of the kind Mr B wants.
The complaint
Mr B says the Council should waive the invoice it sent in March for his late father’s, Mr D’s care fees from December or accept the partial payment offered because he contacted the Council in January asking for a final invoice. Mr B says he advised the Council that Mr D’s bank account had been frozen, so it knew of the situation when it sent a final invoice in January. Mr B says the estate was wound up in February after receiving the final invoice and there is now not enough money in the estate to pay the £989.04 invoice received in March for care Mr D received in December.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B complained in his role as executor of his late father’s, Mr D’s, estate. The Council acknowledged the invoice sent out in January said it was final and apologised for the confusion around the wording of the invoice. The Council says this invoice referred to a final chronological invoice rather than a final balance which it acknowledged, had been requested by Mr B. The Council sent a separate invoice in March for £989.04 to cover Mr D’s December care fees and confirmed this was the final balance. The Council has confirmed the full balance of £989.04 remains to be paid.
It is the responsibility of an executor to gather and check information about assets and liabilities, not simply accept it as correct because that could lead to errors in winding up an estate.
It would have been clear from Mr D’s bank statement that the direct debit for the December charges had not been paid, so if the Council’s final bill and statement did not tally with that it was for the executor to question the information it provided.
It is likely the executor would have noticed and queried an error of overcharging, and did initially believe a refund was due, so it is not reasonable to think he had no responsibility to check the accuracy of figures before settling debts and winding up the estate.
We could not therefore say the Council should forego payment of a charge for care it has provided. Only the courts could formally decide whether the debt is payable, so if Mr B believes Mr D is not responsible for the debt he can withhold payment and challenge in court if the Council pursues the debt.
Final decision
We will not investigate Mr B’s complaint because we could not add to the Council’s response or make a different finding of the kind Mr B wants.
Investigator's decision on behalf of the Ombudsman