The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council assessing Mrs X’s mother to be a self-funder from the date probate was granted. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mrs X complains the Council has assessed her mother to be a self-funder from the date probate was granted, despite her mother’s personal capital being below the threshold.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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
Mrs X’s mother, Mrs A, needs care and support. Mrs A has a grant of probate, issued 1 February 2021, giving her the legal right to deal with her late husband’s estate. The funds from Mrs A’s late husband’s estate brings her over the capital threshold.
Mrs X said the funds had not yet been distributed to Mrs A and so feels her mother should only pay the full care fees when she actually inherits the funds, not from the date the grant of probate was issued.
Annex B of the care and support statutory guidance notes councils can consider notional capital. Notional capital is when a person is treated as possessing a capital asset even where they do not actually possess it. Therefore, the Council has acted in line with the statutory guidance.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman