Summary: Mrs X complained the Council failed to consider disability related expenditures when carrying out a financial assessment for her son and delayed completing the assessment. We are discontinuing our investigation into Mrs X complaint as we cannot say that Ms X is a suitable representative.

The complaint

1. Mrs X complained the Council failed to consider disability related expenditures when carrying out a financial assessment for her son, Mr Y, and delayed completing the assessment.
2. She says this has resulted in Mr Y being asked to pay a greater contribution than he should.

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The Ombudsman’s role and powers

3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
4. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered:
• The information provided by Mrs X and discussed the complaint with her;
• The Council’s comments on the complaint; and
• Relevant law and guidance.
6. Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Mrs X complains on behalf of Mr Y that the Council failed to consider his disability related expenditures when carrying out the financial assessment. She says she has not paid the contribution determined by the Council as Mr Y is being asked to pay more than is necessary.
8. The Council has concerns about Mrs X being Mr Y’s deputy. It says there is a large debt in Mr Y’s name because of these actions. Further it says it has begun an investigation into this matter which may result in Mrs X being removed as Mr Y’s deputy. This goes to the heart of the complaint made to us. We take no position on these allegations but, at this time, we cannot say that Mrs X is a suitable representative to make this complaint on behalf of Mr Y.
9. Should, following the investigation, Mrs X remain Mr Y’s deputy she can bring the complaint back to us for investigation. If she is removed as deputy the decision to continue this complaint will be for his new deputy (or another suitable representative) to decide.

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Final decision

10. I am discontinuing my investigation as we cannot say Mrs X is a suitable representative.

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Investigator's decision on behalf of the Ombudsman