Summary: We will not investigate this complaint about how the Council completed a financial assessment. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained about the Council’s decision to include an inheritance she had received in her financial assessment. She said her mother had intended the inheritance to be shared amongst the wider family. She said the decision to include it in her financial assessment meant she now had to pay the full cost of her care. She wants the Council to review its decision.

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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 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))

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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. We will not investigate Mrs X’s complaint about the Council. The Council is satisfied Mrs X is the legal owner of the money. There is no written agreement confirming the inheritance was to be distributed between family members. The Council has followed the statutory guidance when completing the financial assessment. There is not enough evidence of fault to justify our involvement.

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Final decision

6. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify involvement.

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Investigator's decision on behalf of the Ombudsman