Summary: We will not investigate this complaint about deprivation of assets to avoid care charges, because there is no evidence of fault in the Council’s decision making.

The complaint

1. Mrs B says the Council has wrongly decided her mother (Mrs C) put her house into Trust to avoid care charges. Mrs B says this was never the reason Mrs C put her house into Trust, and Mrs C would be deeply hurt by the allegation as she was an honest person. Mrs C has since died, and Mrs B finds the Council’s actions upsetting and stressful while also grieving her mother.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council is responsible to complete a financial assessment and collect a contribution towards care charges where appropriate.
6. When completing Mrs C’s financial assessment, the Council has included her house as an asset even though it is in Trust. This is because the Council has decided at the time Mrs C put her house into Trust, she had a reasonable expectation she may need to contribute towards care support.
7. Although Mrs B strongly disagrees with the Council’s decision, the Council has reached its decision having regard to all evidence put forward by Mrs B, considering relevant statutory guidance, and reconsidering the case by way of an appeal. Therefore, there is no evidence of fault in the Council’s decision making.

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Final decision

8. We will not investigate Mrs B’s complaint because there is no evidence of fault in the Council’s decision making.

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Investigator's decision on behalf of the Ombudsman