The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to apply a property disregard when carrying out a financial assessment. This is because there is not enough evidence of fault by the Council in the way it reached its decision.
The complaint
The complainant, Mrs B, complained that the Council failed to apply a property disregard when carrying out a financial assessment for her mother, Mrs C, even though a relative has lived in the property for over 50 years.
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, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
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, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
When carrying out its financial assessment for Mrs C, the Council did not disregard the value of her property. Mrs B told us the property is still occupied by a relative. She said the relative had lived there for over 50 years and it has been their lifelong home.
The Council has considered the points made by Mrs B when she explained why she was dissatisfied with its decision. It set out the factors it had taken into account. The Council said it had provided information on a deferred payment agreement and recommended the seeking of financial advice.
Understandably, the current situation must be very distressing for the complainant’s family. But we are not an appeal body, and it is not for us to reach a different view on a Council’s decision if there is not enough evidence of fault in its decision-making process, as in this case. The Council has considered relevant matters, including the points made by Mrs B. In the absence of fault, we cannot question the merits of council decisions.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault by the Council in its decision-making process.
Investigator's decision on behalf of the Ombudsman