The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to properly consider Mrs B’s late aunt’s, Mrs C’s, finances. This is because there is no unremedied injustice warranting an Ombudsman investigation.
The complaint
Mrs B complained the Council should have applied a £5.75 savings disregard to her late aunts, Mrs C’s, financial assessment. Mrs B says although the Council has now agreed to do this she is concerned other service users may experience the same difficulties she has encountered because of the way the Council are undertaking financial assessments.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B says the Council has now agreed to reassess Mrs C’s finances and says it will include the £5.75 savings disregard in the assessment. We are satisfied this remedies the injustice caused to Mrs C’s estate. If the Council does not complete the agreed reassessment as advised, Mrs C’s Executor can pursue this with the Council.
Mrs B is concerned the Council may be wrongly assessing finances and failing to apply proper disregards for others in its area. The regulations and statutory guidance set out what the Council should include in its financial assessments. The Council has accepted there was an error in this case but there is no evidence of a systemic failure in the way the Council carries out its financial assessment warranting an Ombudsman investigation.
Final decision
We will not investigate Mrs B’s complaint because the Council has agreed to complete a reassessment of Mrs C’s finances. We are satisfied the injustice caused to Mrs C’s estate is now remedied.
Investigator's decision on behalf of the Ombudsman