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
Mr B says the Council wrongly decided he and his wife had separate monies, and so took some of his money into account when completing his wife’s financial assessment. Mr B says this deprives him of his money and he cannot choose to spend his money as he would wish.
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 B’s financial assessment, the Council has included bank accounts in her sole name. Mr B argues these accounts contained joint money.
Although Mr B strongly disagrees with the Council’s decision, the Council has reached its decision having regard to all evidence put forward by Mrs B’s family, considering relevant statutory guidance, and reconsidering the case by way of an appeal. Therefore, there is no evidence of fault in the Council’s decision making.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault in the Council’s decision making.
Investigator's decision on behalf of the Ombudsman