The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s actions after a relative died intestate. That is because there is not enough evidence of fault to justify our investigation.
The complaint
Mrs X complained about the Council’s actions following the death of a relative, Miss Y. Mrs X is concerned the Council may not have acted in accordance with the law as it does not have a policy for people who die intestate.
Mrs X wants the Ombudsman to investigate whether the Council followed the correct procedures and acted in Miss Y’s best interests.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, there is another body better placed to consider this complaint.
The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner. (Local Government Act 1974, section 24A(6)) We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by: their personal representative (if they have one), or someone we consider to be suitable. (Local Government Act 1974, section 26A(2), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Mrs X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
My assessment
Miss Y was not married and had no children. She lived in a residential home funded by the Council. She died intestate in May 2021. Mrs X is the daughter of Miss Y’s cousin. Mrs X learnt of Miss Y’s death in December 2021. She contacted the Council for further information.
The Council initially told her Miss Y had a Lasting Power of Attorney (LPA), it later confirmed that was revoked in 2012. Miss X contacted the Office of Public Guardian which stated Miss Y had not registered a LPA. Because of these discrepancies, Mrs X believed Miss Y might have been a victim of financial abuse. She made a safeguarding referral to the Council.
The Council considered Mrs X’s safeguarding referral and decided not to take further action as it did not have reason to suspect there had been abuse or neglect. We will not investigate this complaint further. The Council considered the safeguarding concerns and decided no further action was necessary. There is insufficient evidence of fault in the Council’s actions to warrant further investigation.
In its complaint response to Mrs X, the Council said it will not answer Mrs X’s questions about Miss Y’s finances as she is not an executor of Miss Y’s estate. It also states there was no record of Mrs X, or her mother, in Miss Y’s case records. The Council is under no obligation to share information about Miss Y’s finances with Mrs X as she is not next of kin, or a close relative and Miss Y did not give consent for it to do so. If Mrs X remains dissatisfied about how the Council has dealt with her requests for information, she can complain to the Information Commissioners Office. Mrs X should seek legal advice on how to pursue the matter of whether Miss Y’s estate was disposed of properly.
Mrs X is concerned the Council does not have a policy in place for when a person dies intestate. The process of dealing with death intestate is set out in law. The Council’s complaint response to Mrs X states it deals with these deaths on an individual basis. We will not investigate this complaint further. We would not find the Council at fault for not having a policy in place and there is insufficient evidence that the Council has not followed the law to warrant further investigation.
Final decision
We will not investigate this complaint about the Council’s actions after Miss Y died intestate. This is because there is insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman