Summary: The Ombudsman will not investigate Miss X’s complaint about how the Council has dealt with a financial matter related to her late uncle Mr Y’s estate. The Council has apologised for faults in the process, which is the outcome the Ombudsman would have sought had it not already been provided. For the Ombudsman to find the Council is causing distress to Mr Y’s beneficiaries due to fault, he would need to decide it is unlawful for it to be pursuing money it believes they owe from the estate. The Ombudsman cannot determine such legal questions.

The complaint

1. Miss X complains on her own behalf, and on behalf of other family members. She complains the Council has not dealt with a financial matter related to her late uncle, Mr Y, in a timely and thorough way, and has not explained how the problem arose.
2. Mrs X says the matter has caused great stress to her and other family members, and cost time and trouble trying to get it resolved. She wants the Council to clarify the matter and explain what the next steps will be.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)
4. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

5. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

6. As part of my assessment I have:
• considered the complaint and the documents provided by Miss X;
• issued a draft decision, inviting Miss X to reply.

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What I found

7. The background issue in Miss X’s complaint relates to a payment of money the Council made to her late uncle Mr Y’s account in November 2016. The Council noticed the payment of just over £36,000, which it accepts it made in error, in January 2017. Officers raised an invoice with Mr Y’s representative and wife Mrs Y, to try to recover the money. Despite correspondence on the matter between the family and the Council, the money was not returned.
8. Mr Y subsequently died, and his estate was settled. The assets were distributed by the estate administrator to three beneficiaries. This was done before the £36,000 was returned to the Council. The Council is now seeking repayment of the money from the beneficiaries of Mr Y’s estate.
9. From the evidence I have seen so far, the Council has explained to Miss X how this situation arose and its view regarding the money. It has also explained the next step it wants to see: for the beneficiaries to return the money to the Council. The Council has proposed a repayment plan for them. I have not seen evidence that the Council has been unclear in its position here.
10. The Council’s April 2019 letter to Miss X accepts there has been fault in its dealings with the family on the matter, including during the complaint process. The Council also states one officer in the debt recovery team, involved in seeking the return of the money, has needed additional training and support. It is unfortunate if the Council’s dealings with the family have not met a suitable standard. But the Council has apologised for this, which I consider is the appropriate outcome.
11. The key ongoing injustice claimed here is to the beneficiaries of Mr Y’s estate. Miss X says the Council’s decision to seek the money from them is causing them distress.
12. The Ombudsman can only recommend a remedy for an injustice if it is directly caused by council fault. The question of whether the Council is at fault for seeking the return of the money from the beneficiaries hinges on the legal question of whether the Council is entitled in law to do so. The Ombudsman cannot determine questions of law. So I cannot make a finding that the Council’s actions in pursuit of the money from the beneficiaries is fault, causing injustice to them.
13. If Miss X and the beneficiaries believe the money is not owed, or that the law does not allow the Council to ask for it from the beneficiaries, they can choose not to pay it. That is a decision for them to make. It would then be for the Council to decide whether to pursue the matter at court.

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Final decision

14. The Ombudsman will not investigate this complaint. This is because:
• the Council has apologised for any faults in its dealings with Miss X and the family on the financial matter and the complaint process. That apology is the outcome the Ombudsman would have sought had it not already been given;
• the background financial issue is a legal matter which the Ombudsman cannot decide, and which it would be for a court to determine.

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Investigator's decision on behalf of the Ombudsman