The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s responses to Mr X’s concerns about his late father’s care. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find fault in the Council’s response.
The complaint
In short, Mr X says the Council failed to protect his late father from financial abuse and coercive control by a relative. Mr X also wants to know how much his father was paying for his care.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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 has responded to Mr X to explain he has no legal authority to act on his father’s behalf so it cannot provide the information he wants. It has directed him to the Information Commissioner’s website which explains rights to information concerning someone who has died.
The Council writes it investigated the concerns Mr X raised about coercive control at the time. It says staff took all the necessary action needed. It also says concerns about fraud should be raised with the Police.
Final decision
We will not investigate Mr X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find fault with the Council’s response.
Investigator's decision on behalf of the Ombudsman