Kirklees Metropolitan Borough Council (25 017 472)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 19 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of Mrs Y’s finances. This is because there is not enough evidence of fault.
The complaint
- Ms X complains the Council has not completed a financial assessment for her mother Mrs Y or given clear information about this process. She also complains it decided her mother deprived herself of assets without gathering relevant information.
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:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs Y arranged and funded her own care. Ms X asked the Council to complete a financial assessment as she thought Mrs Y may be entitled to support from the Council. The Council says Ms X then withdrew the request.
- The Council has provided a copy of a letter to Ms X from November 2024. This notes Mrs Y is self funding and arranged her own care. It acknowledges Ms X does not want to continue with a financial assessment but that it currently understood Mrs Y’s assets were above the threshold for assistance in any event. The Council said Ms X should let it know if Mrs Y’s financial circumstances changed or of any queries.
- The Council has also provided copies of emails exchanged with Ms X in December 2024 and January 2025. These show Ms X raised queries about deprivation of assets and other financial matters that the Council tried to address. It explained it needed more information to make any final decision on Mrs Y’s finances and to complete a financial assessment. It also provided a copy of its policy and written information on charging and financial assessments. The Council says it received no further financial information or request from Ms X to progress a financial assessment.
- There is not enough evidence of fault by the Council. I am satisfied it provided information about charging to Ms X and it tried to progress a financial assessment. It remains open to Ms X to ask for a financial assessment and provide any supporting information requested. The Council has been clear that it has not made a final decision on deprivation of assets.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman