The Ombudsman's final decision
Summary: We will not investigate this complaint about financial assessment for adult social care charges, because there is no evidence of fault in the Council’s decision making.
The complaint
Ms B (acting for Mr C) says the Council wrongly included Mrs D’s interest in a property in its financial assessment for Mrs D’s adult social care charges. Ms B says Mrs D cannot sell her share of the property so does not have the assessed funds. Ms B says the Council’s decision is jeopardising Mrs D’s residential home placement. This causes stress to Mrs D’s family.
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.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is responsible to complete a financial assessment and collect a contribution towards care charges where appropriate.
When completing Mrs D’s financial assessment, the Council included her beneficial interest in a property held in Trust.
Although Mr C strongly disagrees with the Council’s decision, the Council has reached its decision having regard to all evidence put forward by Mrs D’s family, considering relevant law and statutory guidance, and obtaining an independent valuation of Mrs D’s beneficial interest as required by statutory guidance when there is a dispute. The Council has also sought legal advice about this dispute. Therefore, there is no evidence of fault in the Council’s decision making.
Final decision
We will not investigate Ms B’s complaint because there is no evidence of fault in the Council’s decision making.
Investigator's decision on behalf of the Ombudsman