The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint the Council mismanaged her mother’s finances when it was her appointee. The Police need to conclude their investigation into allegations of fraud at the Council before it can respond to Mrs X’s concerns. Further investigation by the Ombudsman will not lead to a different outcome.
The complaint
Mrs X complained the Council mismanaged her mother’s finances when it was her appointee. She wants the Council to provide a copy of all financial transactions it took on her mother’s behalf. She also wants it to complete an independent audit to determine whether the funds were mismanaged.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 said it currently cannot respond to Mrs X’s complaint because of an ongoing Police investigation into allegations of fraud at the Council. It has confirmed that once that investigation has concluded it will respond. It has offered a financial remedy to recognise the distress and uncertainty the delays are causing.
Although frustrating for Mrs X we will not investigate. The Council has explained why it cannot presently respond to Mrs X’s complaint. It has offered a remedy in line with our guidance. Further investigation by the Ombudsman will not lead to a different outcome.
Final decision
We will not investigate Mrs X’s complaint because further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman