Summary: We will not investigate Mrs X’s complaint about the Council’s decision to remove a discretionary property disregard as part of its financial assessment of her contributions towards the cost of care. This is because it would be reasonable for Mrs X to follow the process set out by the Council and request a reassessment.

The complaint

1. The complainant, Mrs X, complains about the Council’s decision to include her second property as part of her financial assessment to determine her contribution towards the cost of her care.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mrs X’s representative, Mr Y, and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Care users with assets over £14,250 are generally required to contribute towards the cost of their care. Those with assets over £23,250 should pay the full cost.
6. In calculating Mrs X’s contribution towards the cost of her care the Council has previously agreed to disregard the value of her second property, which houses her daughter (Ms Z), on a discretionary basis as her daughter has mental and physical issues, lives alone and is in receipt of benefits. But when the Council became aware Ms Y’s partner had moved into the property it removed the discretionary disregard. This was because it considered Mrs X could claim rent from the couple which could in turn contribute towards the cost of her care.
7. Mrs X says Ms Z’s partner is on a low income and works only part-time. She believes the couple may be entitled to other benefits but says they have problems filling in forms to claim them.
8. The Council is not Ms Z’s local authority; if Ms Z believes she is entitled to benefits she does not already receive she should contact her own council to claim them. If she has difficulty completing the forms required she may contact her local citizens advice service or another charity to help. Mrs X and Mr Y may also be able to assist.
9. The Council has not closed the door on re-applying the discretionary disregard in the event Ms Z and her partner cannot pay Mrs X rent. Its response to Mrs X’s complaint explains “you could approach our daughter and her partner and ask for a monthly rental payment and then we will be able to reassess your financial position.” This is appropriate in the circumstances and it would be reasonable to expect Mrs X to follow the process. In the event Ms Z and her partner cannot afford to pay Mrs X rent, Mrs X may go back to the Council with their response. It should then assess whether to re-apply the discretionary disregard.

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Final decision

10. We will not investigate this complaint. This is because it would be reasonable for Mrs X to follow the process set out by the Council which involves requesting a new financial assessment to determine whether to reapply the discretionary disregard.

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Investigator's decision on behalf of the Ombudsman