Summary: We will not investigate this complaint about the Council’s application of a property disregard when conducting a financial assessment for the cost of residential care. There is not enough evidence of fault in the way the Council made its decision to justify the Ombudsman investigating.

The complaint

1. Mr B says the Council has wrongly applied a property disregard to his mother, Ms C’s financial assessment for adult social care. Mr B says the relative who moved into Ms C’s house has purposefully deceived the Council about his purposes for moving to the property. Mr B says because of this disregard Ms C cannot have a deferred payment agreement against her property to help fund her residential care.

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The Ombudsman’s role and powers

2. 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)
3. We provide a free service but must use public money carefully. We do not start or continue 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, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the ‘care and support statutory guidance’ issued by the Department of Health & Social Care.

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My assessment

7. Regardless the motive behind the actions of Mr B’s relatives, or dispute over the date the relative moved into Ms C’s property, the Council is satisfied they are eligible for a disregard. The Council has applied the rules set out in the relevant statutory guidance. The person living at Ms C’s property is a qualifying relative who is over 60 and moved into the property before Ms C moved into a care home.
8. Even though Mr B strongly disagrees with the decision the Council made, the Ombudsman cannot question or criticise it. This is because the Council has followed the correct process to make its decision and there is not enough evidence of fault.
9. The Council’s decision was made by relevant senior officers and with legal advice. The Council considered the relevant part of the care and support statutory guidance. The Council considered the evidence and information put forward by Mr B.

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Final decision

10. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an Ombudsman investigation. We cannot achieve the outcome Mr B wants as cannot tell the Council it must cancel the disregard applied.

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Investigator's decision on behalf of the Ombudsman