Summary: We will not investigate Mr X’s complaint about the Council allowing his late sister to deal with his mother’s financial affairs even though she had special needs. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council allowed his late sister to deal with his mother’s financial affairs even though she had special needs. As a result, he says his mother has accrued a debt.

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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. Mr X’s mother, Mrs Z, started receiving care and support in 2013. She was originally assessed as nil contribution. This meant she did not have to make any contribution towards the cost of her care and support package.
6. The Council explained Mrs Z had accrued a debt because:
• She failed to disclose an increase in her benefit payments. Following an audit in 2021, the Council identified a financial reassessment was required.
• The financial reassessment completed in January 2022 identified Mrs Z needed to pay a contribution towards the cost of her care and support from December 2020. The Council backdated the charges and invoiced Mrs Z.
• Mrs Z failed to start paying her assessed contributions until January 2023.
7. The Council wrote to Mrs Z’s daughter, Ms M, to notify her of Mrs Z’s assessed contributions. The Council explained Ms M was the registered lasting power of attorney for Mrs Z’s property and financial affairs and health and welfare.
8. An investigation is not justified as we are not likely to find fault. This is because the Council is allowed to charge Mrs Z a contribution towards her care and support as it appropriately completed a financial assessment. The Council has explained the debt occurred due to the delay in Mrs Z paying her assessed contributions and because of the backdated charges.
9. We are also not likely to find fault with the Council for liaising with Mrs M as she was Mrs Z’s registered power of attorney. This means Mrs M had the authority to act and represent Mrs Z with respect to property and financial, and health and welfare, matters. Further, there is no evidence to suggest any concerns were raised about Mrs M’s ability or capacity to deal with her mother’s finances.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman