How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 15260
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

My mother had a complaint in with her local council about

This answer was rated:

My mother had a complaint in with her local council about the inadequate care she was receiving (via home visits). They did not send their final response for over 6 months (coincidentally a week after my mother had passed away, which they had been advised of). She did not pay for the inadequate care, which was so poor, we changed care provider. She has always paid the new provider. The council is now demanding that the outstanding amount is repaid. However, her complaint is that she did not receive an adequate service, and various safeguarding issues were involved. I would like to know whether the council can force the surviving family to pay this debt.
JA: Where is your mother? It matters because laws vary by location.
Customer: County Durham
JA: What steps has your mother taken so far?
Customer: She is deceased. We contacted the care provider initially at the council's request and then were advised to formally complain to the council if their response was not satisfactory. We did this in September 2019
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Thanks for your question. The council can ask the estate for the money but if the executors dispute that the sum is due then they can refuse to pay and at the end of the day the council would have to sue in the courts and it would be for the court to decide whether the service provided justified payment. If the court agrees that the care was inadequate then it won’t order payment. I hope that helps. Please leave a positive rating on the star rating system on your screen. That will allow JustAnswer to credit me for helping you today.

Customer: replied 8 days ago.
Thanks, If the court decided against the family, and there were no monies in the estate due to funeral costs and gifts to grandchildren, would the executors be liable of pay the debt?

Yes they would because the executors shouldn’t be paying out gifts to grandchildren until all estate debts are settled.

JGM and 6 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Okay thanks for your help