The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s financial assessment. This is because there is not enough evidence of fault in the Council’s decision-making process.
The complaint
The complainant, whom I shall refer to as Mr C, complained has complained on behalf of his wife about the Council’s decision to include the total amount in an account which was held in her name in its financial assessment.
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 an organisation’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.
The complainant has had an opportunity to comment on my draft decision. I considered the comments received before making a final decision.
My assessment
Mr C told us his wife, Mrs C, needed a carer. The Council carried out a financial assessment for Mrs C. In its calculation of her capital it included an account which she held in her sole name at that time. But Mr C told us this was a joint resource.
Mr and Mrs C appealed against the Council’s decision but, after considering what they said in their appeal, the Care Act 2014 and statutory guidance, the Council concluded its assessment had been correct.
Mr C has explained why he disagrees with the Council’s decision and the reasons why he and his wife acted as they did. But we are not an appeal body with powers take a second look at a case and to overrule a council financial assessment. Our role is to look at the way a council has reached its decision. If there is no evidence of fault in the way the Council reached its decision, we cannot question whether it is right or wrong.
In this case the Council has considered all the relevant matters including the reasons Mr and Mrs C put forward in their appeal. There is not enough evidence of fault in the Council’s decision-making process. That means we cannot question whether its decision was right or wrong.
Final decision
We will not investigate Mr C’s complaint because there is not enough evidence of fault in the Council’s decision-making process.
Investigator's decision on behalf of the Ombudsman