The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council charging the late Mrs C for care in 2016. This is because Mr D could have come to us sooner. It would be reasonable for Mrs C’s executor to defend the Council’s recovery of the debt in court if they believe she was not responsible for it.
The complaint
Mr D says he complained to the Council about charging his late mother, Mrs C, for care in 2016. Mr D says he challenged the invoice Mrs C received for the payment but did not receive a response from the Council. Mr D says he assumed the bill had been cancelled until Mrs C was invoiced in 2017 for £2,486.90. Mr D says he has continually challenged the invoice on the grounds Mrs C did not have the income to pay her client contribution and was suffering from severe dementia as recognised under the Mental Capacity Act and was exempt from paying for care.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr D knew about this matter in 2016. Mr D challenged the invoice in 2016 and although he assumed the invoice had been cancelled he knew in 2017 it had not. Mr D says he has been challenging payment of the invoice since that time and could have come to us sooner.
Mrs C is now deceased. It is the responsibility of the executor to collect the assets, pay any debts and use the resulting balance to distribute to any beneficiaries. If the executor disputes the existence of a particular debt they can refuse to pay and defend any court proceedings against them.
Final decision
We will not investigate Mr D’s complaint because it is late, there is no good reason to exercise discretion to investigate it because Mr D could have come to us sooner. The matters complained of can be defended in court if necessary.
Investigator's decision on behalf of the Ombudsman