The Ombudsman's final decision
Summary: We will not investigate this complaint the Council did not tell the complainant about the personal expense allowance. That is because further investigation would not lead to a different outcome.
The complaint
Miss X complained on behalf of her late mother, Ms Y. She said Ms Y had used her own money to buy personal items and toiletries for her partner, Mr W whilst he was a resident in a care home from 2016 to 2020. She said the Council was responsible for Mr W’s finances at the time and it had not told her, or Ms Y that Mr W had a personal expense allowance to buy personal items. She wants the Council to financially reimburse Ms Y’s estate for the items she bought during this period.
Miss X said that the care home also invoiced her for items it had purchased for Mr W after Ms Y went into care in 2020.
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
The Council said it contacted the care home several times and provided the paperwork to enable the regular payment of the personal expense allowance. The Council also confirmed it wrote to Ms Y in 2017 after it obtained a court order to manage Mr W’s finances. It said it asked Ms Y to send it any bills or letters about Mr Y.
Ms Y is now deceased; therefore, it is not possible to establish why she chose to buy Mr W items out of her own money. Additionally, it is unlikely we could establish what she bought, and how much, if any, money she was owed. Given the above, we will not investigate this complaint. That is because I am not confident we would reach a sound, fair meaningful decision on the complaint.
The Council has already reimbursed Miss X for items she bought for Mr Y. Therefore, there is nothing to indicate any outstanding injustice to Miss X. The Council has explained if there is any additional money, she feels she is owed, she would need to submit these to the executor of Mr W’s estate. Further investigation by the Ombudsman would not lead to a different outcome
Final decision
We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman