Summary: We will not investigate this complaint about deprivation of assets to avoid care charges. That is because we are satisfied with the action the Council has agreed to take.

The complaint

1. Mrs X complained the Council did not properly consider the evidence she provided when it decided the money her mother, Ms Y gifted her was a deprivation of assets. She said that had caused her stress and worry. She wants the Council to accept deprivation of assets has not occurred.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

5. If we investigated this complaint, it is likely we would find the Council at fault. That is because we expect to see councils offering a right of review or appeal to any decision where it believes someone has intentionally deprived themselves of capital. That can be done through either the complaints process or an appeals procedure.
6. Following a financial assessment, the Council wrote to Mrs X with its decision the money Ms Y gifted her was a deprivation of asset. Mrs X complained and set out reasons why she disagreed. The Council sent a complaint response, but this did not address the points she made.
7. We therefore asked the Council to consider remedying the injustice caused by its actions by:

• Reviewing its decision and responding to the points Mrs X raised in her review request.
• Reminding staff that when responding to complaints about deprivation of asset decisions they should respond to points of dispute and set out reasons why the decision is upheld or not upheld.
1. To its credit the Council agreed to resolve the complaint and will do the above within four weeks of my final decision to put things right.

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Final decision

9. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman