Summary: We will not investigate this complaint about financial assessment for adult residential care. There is not enough evidence of fault in the way the Council made its decision.

The complaint

1. Mr E says the Council got the financial assessment wrong for Mrs F’s contribution to the cost of residential adult social care. The stress has affected Mr E’s mental and physical health, and he has incurred legal costs challenging the Council’s decision.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mrs F moved to a residential care home. The Council must then assess what, if anything, Mrs F could afford to pay toward her care support.
7. The Council has completed its assessment and included a property which is registered in Mrs F’s name. Which means Mrs F is above the upper capital threshold and responsible to pay for her own care home fees.
8. Mr E argues this decision is wrong and that there is a constructive trust meaning the beneficial interest in the property is all his even though the property is in Mrs F’s name.
9. The Council has considered all information and evidence put forward by Mr E. It says there is no evidence to support Mrs F agreed so it is treating the property as hers.
10. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. We cannot say the Council must disregard the property from the financial assessment. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence. I understand Mr E disagrees; however, this is not evidence of fault in the Council’s decision or the way it has investigated.

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Final decision

11. We will not investigate Mr E’s complaint because there is not enough evidence of fault in the way the Council made its decision.

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Investigator's decision on behalf of the Ombudsman