Summary: We will not investigate Mrs X’s complaint about the Council’s decision her husband had intentionally deprived himself of assets. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X complains about the Council’s decision that her husband had intentionally deprived himself of assets. This resulted in the Council assessing her husband as having to pay for the full cost of his care. She said her husband cancelled his care as he cannot afford it.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council completed a financial assessment for Mrs X’s husband, Mr X, to work out how much he needed to contribute towards the cost of his care.
6. The Council noted Mr X had given away £20,000 to his cousin. Mrs X said this was a loan repayment. The Council gave Mrs X and Mr X the opportunity to provide evidence to show the money was to repay a loan or to show a history of gifting between Mr X and his cousin.
7. The Council provided Mrs X with a detailed explanation for why it decided Mr X had deprived himself of assets. It explained the transfer of money took place at a time Mr X was aware he had care and support needs and there was no evidence of a history of gifting between Mr X and his cousin. Further, Mrs X and Mr X did not provide any evidence to satisfy the Council the transfer of money was to repay a loan.
8. An investigation is not justified as we are not likely to find fault with the Council’s decision. This is because the Council considered the relevant information before it made its on whether deprivation of assets took place. As it is likely the Council made its decision properly, it is entitled to make its decision.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman