Summary: We will not investigate Ms B’s representatives complaint about the Council’s failure to assess Ms B in 2018 or respond to communication about the failure to assess and make payment. This is because the Council has accepted its failure in this case and has agreed to pay Ms B monies it owes plus interest by way of compensation. We are satisfied this remedies the injustice caused by the fault to Ms B and her representatives.

The complaint

1. Ms B’s representatives act on her behalf. They say the Council:

• failed to carry out a financial assessment as requested by them, her court appointed deputy, in July 2018;
• failed to confirm it had discharged Ms B from its jurisdiction or from what date it did this.

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The Ombudsman’s role and powers

2. 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, or
• it is unlikely further investigation will lead to a different outcome, or

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

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How I considered this complaint

3. I discussed the concerns with Ms B’s representatives and considered the information they and the Council provided. I sent Ms B’s representatives a copy of my draft decision for comments.

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What I found

4. Ms B’s representatives say because the Council failed to assess Ms B’s finances in 2018 when it requested it should complete a financial assessment, she accumulated a debt of £43,025.97 for the period August 2018-March 2019. The Council confirmed in February 2020 it would pay compensation and settle the debt but did not respond to correspondence sent by Ms B’s representatives. Ms B’s representatives complained to the Ombudsman.
5. The Council acknowledged it had not paid the agreed payment to Ms B of £13,760.12. It said in order to rectify this it will need her representatives organisational and payment details confirmed. It says once received it will send further details to complete and when received it will release the payment. The Council says in light of the delay it will pay interest of 4% equating to £642.39, making the total amount to be paid £14,402.51. We are satisfied this payment remedies the injustice caused to Ms B and her representatives from the Council’s failure to assess Ms B and pay her monies owed.
6. Ms B’s representatives says they have agreed the amount but have not yet received it. Ms B’s representatives will need to ensure it has confirmed organisational and payment details with the Council in order it can set up the process for payment. When the Council receives this information, it will forward completion details to Ms B’s representatives. When returned it will automatically be notified and can release the payment.

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Final decision

7. We will not investigate this complaint. This is because the Council has remedied the injustice caused by the fault.

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Investigator's decision on behalf of the Ombudsman