The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to complete a financial assessment and for delays in its complaint handling. This is because further investigation will not lead to a different outcome.
The complaint
Mrs X complains about the Council’s failure to complete a financial assessment once it was informed her father in law’s (Mr A) capital threshold would fall below £23,250. She also complains the Council delayed in responding to the complaint.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response, the Council accepted Mr A’s capital fell below the threshold of £23,250 in January 2022, and that it should have provided support between January and March 2022.
The Council identified the amount outstanding owed to Mr A’s care home and agreed to pay the full outstanding amount. The Council also apologised to Mrs X for the distress caused by the fault.
I will not investigate this complaint as further investigation will not lead to a different outcome. This is because the Council has identified the fault and appropriately remedied it.
Finally, while we note Mrs X also complains about delay with the Council’s complaint handling, we will not investigate complaints about complaint handling if we decide not to investigate the substantive matters.
Final decision
We will not investigate Mrs X’s complaint because further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman