Summary: We will not investigate Ms X’s complaint the Council did not complete her mother’s financial assessment correctly. She says the Council did not consider information she provided and inappropriately included her late father’s estate. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains the Council has not completed her mother’s financial assessment correctly. She says the Council has not considered the information she provided and that it inappropriately included her late father’s estate.

Back to top

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 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X’s mother, Ms Z, moved to a care home permanent in April 2024.
7. In May 2024, Ms X approached the Council for funding assistance as her mother’s capital had fallen below the capital threshold.
8. The Council completed a financial assessment to work out how much Ms Z needed to contribute towards the cost of her care. This was in line with the care and support statutory guidance. Ms X is unhappy with the outcome of the financial assessment.
9. The Council completed an appeal and reconsidered the financial assessment. The appeal found:
• Between February and May 2024, money had been transferred from Mrs Z and her late husband’s account to Ms X’s personal account, totalling just over £74,500.
• Ms X’s father had left his share of his property to a Trust and that Ms Z was the beneficiary of that Trust for the remainder of her life. However, the rest of the estate, including all net assets, passed to Ms Z outright. Therefore, the Council must include all the capital Ms Z received from her late husband within the financial assessment.
• The Council allowed some expenses to be disregarded in the financial assessment. A total of over £77,000. The Council also disregarded Ms Z’s share of her property due to it being the main home of a relative.
• The Council accepted Ms Z was liable for property insurance and essential maintenance costs of her property, but not ongoing expenses such as utilities costs and council tax.
• The Council considered deprivation of assets (£6000) had occurred. This was because the gifts were made during the period Ms Z was living in a care home. Ms Z therefore had a reasonable expectation of needing care and of the need to pay for care (as she was paying for care at the time the deprivation occurred).
• The Council had incorrectly considered an additional £10,000 in the first financial assessment. This was due to confusion over a bank account. The Council confirmed the additional £10,000 has not been included within the reassessment completed during the appeal.
• The Council calculated Ms Z was responsible for meeting the full cost of her care up to March 2025. From March 2025, Ms Z was eligible for funding assistance.
10. The Council has written to Ms X to advise what her mother’s contributions are from March 2025 onwards.
11. An investigation is not justified as we are not likely to find fault. The evidence shows the Council fully considered all the financial evidence Ms X provided. The Council has allowed for some expenses and explained its rationale for this. The Council has also explained its reasons for why it doesn’t agree with Ms X’s interpretation of her father’s will and why it considered deprivation of assets had occurred.
12. I have reviewed the financial assessment, and I am satisfied the Council completed the financial assessment in line with the law and the care and support statutory guidance. As the Council has followed the correct process and made its decision properly, we cannot find fault with the decision itself.

Back to top

Final decision

13. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman