Summary: We will not investigate this complaint about the Council treating money given by Mrs X to her daughter Miss X as deprivation of assets intended to avoid care home fees. Investigation would be unlikely to lead to a finding of fault.

The complaint

1. Miss X holds power of attorney for her mother Mrs X‘s financial affairs. She said the Council wrongly regarded a sum of money given to her by Mrs X as intended to avoid care home fees. She said the money had been loaned by her late father to Mrs X and was intended to form part of her inheritance. She said the Council had originally chosen to disregard the sum, but had changed its mind without reason.

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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))

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)

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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. In certain circumstances, Councils may decide a person has intentionally deprived themselves of a financial asset to avoid care charges. Where a Council has reached such a decision, we are unlikely to find fault if they have properly considered the evidence.
7. The Council found Miss X received significant sums from Mrs X after the latter entered a care home. It could therefore find Mrs X was aware of the need for care at the time she paid Miss X. It also found that Miss X had access to and had withdrawn money from Mrs X’s bank account, into which her state pension was paid.
8. The Council also found Miss X had not been able to provide evidence that her late father had previously given a significant sum to Mrs X as a loan. It could therefore find the sum belonged to Mrs X. I note any previous position by the Council was subject to enquiry while the sum’s ownership was established.
9. I also note the Council deducted an amount from its calculations to cover the costs Miss X had incurred in returning her mother to the UK. That Miss X says the money was given to her by her mother at a difficult time in her life does not mean the Council had to disregard it.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to warrant investigation by us.

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Investigator's decision on behalf of the Ombudsman