Swindon Borough Council (25 021 865)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 08 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to include the value of Mrs X’s property in its assessment of her assets. Investigation would be unlikely to lead to a finding of fault in the way the Council reached its decision
The complaint
- Mr Y complains behalf of his mother, Mrs X. He says the Council was wrong to include the value of his mother’s home in its calculation of her assets when she entered a care home. He says he was living there and was older than 60.
The Ombudsman’s role and powers
- We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
- 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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X bought House A after leaving a nursing home and she lived there with Mr Y. The Council’s complaint response stated that Mr Y asked it about care homes for Mrs X before he rented out his own property, House B. Both these matters were about three months after the purchase of House A by Mrs X. The Council could take the view that these circumstances amounted to deprivation of assets by Mrs X, and that the usual requirement to disregard the value of a home being lived in by a relation aged over 60 did not apply.
Final decision
- We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman