Bolton Metropolitan Borough Council (25 017 141)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 20 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about financial assessment for adult social care costs. There is not enough evidence of fault in how the Council made its decision.
The complaint
- Mr C says the Council has wrongly decided that a deed of trust is invalid, which affects how much his relative, Ms D, must pay for her adult social care fees. Mr C also says the Council will not share the legal advice on which it has based its decision. Mr C wants the Council to reconsider.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council must assess what Ms D can afford to pay toward her adult social care fees. Mr C and the Council are in dispute over whether the Council can include assets held in a deed of trust. Both parties have sought legal advice, but legal action has not started.
- The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps such as seeking legal advice to reach its decision. I understand Mr C disagrees and has taken his own legal advice. However, this is not evidence of fault in the Council’s decision or the way it has investigated. The Ombudsman cannot decide which legal position is correct, only a court can settle that dispute.
- Mr C believes the Council should share its legal advice. The Ombudsman cannot tell the Council it must do so, especially if the information is protected by legal advice privilege.
Final decision
- We will not investigate Mr C’s complaint because there is not enough evidence of fault in how the Council made its decision not to disregard the assets held in the deed of trust. The Ombudsman cannot settle the dispute about this issue, so Mr C could ask the court to decide.
Investigator's decision on behalf of the Ombudsman