Summary: Miss X complains about the Council’s decision to refuse a discretionary property disregard for her mother, Mrs Y, leaving Miss X without a home. The Ombudsman finds the Council delayed informing Miss X of its decision but finds no fault in the decision making process. The Ombudsman recommends the Council takes action to prevent recurrence of its delay.

The complaint

1. Miss X complains about the Council’s decision to refuse a discretionary property disregard for her mother, Mrs Y, leaving her without a home. She says the Council delayed in deciding and based its decision on incorrect information.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I spoke to Miss X and I reviewed documents provided by Miss X and the Council. I gave Miss X and the Council the opportunity to comment on a draft of this decision and I considered the comments provided.

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What I found

7. A council will usually take into account a person’s assets, including the value of their home, when deciding how much they should pay towards their care costs.
8. However, a council may use its discretion to disregard the value of a property. The council will need to balance this discretion with ensuring a person’s assets are not maintained at public expense.

Council policy

9. The Council publishes a policy setting out the points it will consider when deciding whether to disregard the value of a property. The Council will consider:
• if people are still actually living in the house;
• the length of time people have been in residence;
• he closeness of the relationship between those in residence in the property and the customer who is now in a permanent residential or nursing care home;
• any legal/ financial/ beneficial interest in the property by the other person(s), how that interest was obtained and why it was obtained, and the value of any beneficial interest;
• the extent to which the person has previously provided care to the adult who has now moved to permanent residential care; and what if any, savings there have been to the public purse by providing such support;
• the recent dependence of the adult who has now moved to permanent residential care on the other person(s) for the provision of care;
• whether the other person(s) has given up a home or access to a property in order to care for the customer;
• whether the other person(s) has any other legitimate and/or compelling reason to need to live in the property; and
• whether a Deferred Payment Agreement will assist the needs of the other person(s) by delaying the sale of the property.
10. There is no right of appeal on the Council’s decision. Any person making a request needs to supply all the information that is relevant. Only if significant new information later comes to light that supports the original application can someone make a fresh application.

What happened

11. In May 2018 Miss X applied for a discretionary disregard for Mrs Y’s house. The Council has provided a copy of the application form completed by a social worker. This says:
• Miss X has cared for Mrs Y since 2009.
• From December 2016 Mrs Y’s needs rapidly increased.
• From May 2017 Miss X provided night support and assistance.
• Miss X met Mrs Y’s needs between care calls which allowed Mrs Y to remain living at home with support from formal care.
• Without the additional support from Miss X. Mrs Y would not have been able to remain safely living at home up to now.
• Now Mrs Y has increasingly higher needs these cannot be met at home. The Council has decided in Mrs Y’s best interests that her needs are best met in a nursing home.
12. A manager reviewed the application and recommended the Council should not award the disregard. The manager noted Miss X had lived in the property all her life however she worked and earned an income until she became a full time carer in 2009. The manager thought she could have used this opportunity to put money aside to buy a property later in life. Miss X has returned to work and should be able to earn enough money to rent her own property (with an application to housing benefit if she is on a low income).
13. In January 2019 the Council told Miss X its decision not to award a disregard. It noted Miss X had cared for her mother since 2009 but also that she was working full-time. It did not consider she provided “substantial” care to her mother in line with guidance. The Council offered a deferred payment agreement which would allow her to remain in the property while Mrs Y was alive. It apologised for the delay in decision outcome and told her to contact the Ombudsman if she was unhappy. I note it did not remind Miss X she could make a new application if she had significant, new information.
14. Miss X contacted the Ombudsman. She said she had always lived with her mother and provided personal care for many years, not just from 2009. When her mother’s health declined she felt pressured to move her to a nursing home. But, if the Council had told her its decision sooner she would have tried to move her back home. Miss X said she had a short meeting with the social worker who completed the application and she did not see a copy of it.
15. In response to enquiries the Council said it checked information within the application form internally. It provided copies of internal emails which show the panel considered the extent to which Miss X cared for Mrs Y and the savings to the public purse. The Council noted its decision letter incorrectly referred to “a substantial amount of care, in line with the guidance” and apologised for this. It recognised its decision letter did not remind applicants they could make a fresh application but noted this information was otherwise published. However, it would amend its letter template to include this in future. The Council explained it drafted a decision letter in July 2018 and in November realised it may not have issued this. Once a new Director of Adult Services started in January it decided to redraft the letter and sent it with apologies.

Findings

16. A social worker spoke to Miss X and recorded information in support of her application, including that she had provided a high level of care to Mrs Y since 2009. I note Miss X says this is wrong as she provided care to Mrs Y for many years. However, there is no evidence the Council intentionally recorded incorrect information. The Council considered the information available and decided whether to exercise discretion in line with its policy. I do not find any fault in the Council’s decision making process.
17. I note Miss X can make a fresh application to the Council, if she considers she has significant new information for it to consider.
18. The Council accepts it delayed informing Miss X of the decision outcome. I consider the delay was significant and amounts to fault.
19. I note Miss X says she would have tried to return Mrs Y home, if she knew the Council’s decision sooner. However, there is nothing to suggest there was any fault in the Council’s decision to move Mrs Y to a nursing home. And, I cannot say with any certainty Mrs Y would have been able to return home.
20. I note the Council has already apologised to Miss X for its delay. I am satisfied this was an appropriate remedy for Miss X’s personal injustice. However, the Council has not set out any actions to prevent recurrence and I am mindful that others may be affected by this fault.

Agreed action

21. To remedy the fault identified above I recommend the Council carry out the following actions within one month of the date of my decision:
• take steps to ensure staff keep a record of the date they issue a decision letter;
• ensure it has a process to check decision letters have been sent on time.
22. The Council has accepted my recommendations.

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Final decision

23. I find the Council delayed informing Miss X of its decision on her application for a discretionary property disregard. The Council has accepted my recommendations and therefore I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman