Summary: We will not investigate Mrs X’s complaint about how the Council completed a financial assessment with her late father, Mr Y. This is because the complaint is late, there is insufficient evidence of fault by the Council and so we would not be able to achieve the outcome she wants.

The complaint

1. Mrs X complained the Council incorrectly completed a financial assessment with her late father, Mr Y. She said as a result, there is now an outstanding care charge against the family home. She said it has caused her and the family distress. Mrs X wants the Council to cancel the charge and provide an apology for the injustice caused.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr Y jointly owned a property with his wife, Mrs Y. In the 1980’s, Mr Y left the country for many years and as a result, he became estranged from his wife and family. Mrs Y continued to occupy the property with her son.
7. Mr Y returned to the country and in 2022, he required care and support. The Council completed a financial assessment in mid-2022 and regarded the property he owned with his estranged wife as an asset. The Council concluded Mr Y was to pay the full charge for his care and it had written to the family to make them aware of this. The Council also advised the family to seek independent financial advice to establish the best way of funding his care.
8. In December 2023, Mrs Y’s son turned 60 and so in line with the Care and Support Statutory Guidance, the Council automatically disregarded the property in June 2024. The Council explained to Mrs X it had disregarded the property in June 2024 as between September 2023 and June 2024, it had not charged Mr Y for his care for other reasons.
9. Mr Y died in early 2025. Following his death, there was an outstanding charge against the property of approximately £37,000.
10. As part of her complaint, Mrs X said the Council should not have regarded the property in its initial financial assessment. This was because although Mr Y jointly owned the property with his wife, he did not financially contribute towards the property when he left the country. She also said the Council delayed applying the disregard to the property when her brother turned 60 years of age.
11. We will not investigate Mrs X’s complaint as the issue Mrs X complains of happened approximately three and a half years ago. Therefore, the complaint is late and so paragraph two of this decision statement applies. Mrs X and the family were aware of the financial assessment the Council completed in June 2022. They were aware the Council was to charge Mr Y for his care. Therefore, they could have complained sooner.
12. In any case, there is insufficient evidence of fault by the Council. The Council concluded its financial assessment in line with the Care and Support Statutory Guidance. A council will generally disregard a property in certain situations, for example, where the relationship between a couple is active, not where they are separated/estranged or divorced. The Council advised the family to seek financial advice which was appropriate. In addition, it already explained to Mrs X it did not charge Mr Y between September 2023 and June 2024 and so it applying the disregard to the property in June 2024 would not have contributed towards the outstanding care charge. As a result of insufficient evidence of fault by the Council, we would not be able to achieve the outcome Mrs X wants.

Back to top

Final decision

13. We will not investigate Mrs X’s complaint because it is late, there is insufficient evidence of fault by the Council and so we would not be able to achieve the outcome she wants.

Back to top

Investigator's decision on behalf of the Ombudsman