Summary: We will not investigate Mr X’s complaint about the Council’s financial assessment and charges for his late relative, Mr Y’s care. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to disregard the value of a property in its financial assessment of his late father, Mr Y’s assets. He says this has caused distress and financial loss. He wants the Council to disregard the value of the property in its financial assessment and charges for Mr Y’s care.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:
• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2) and 34C(2), as amended)

3. 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))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Care Act 2014 (section 14 and 17) provides a legal framework for charging for care and support. It enables a council to decide whether to charge a person when it is arranging to meet their care and support needs. The charging rules for residential care are set out in the Care and Support (Charging and Assessment of Resources) Regulations 2014 and councils should have regard to the Care and Support Statutory Guidance.
8. The Statutory Guidance provides guidance for councils on how to treat capital and assets when conducting a financial assessment. The Guidance says a capital asset is normally defined as belonging to the person in whose name it is held, the legal owner. Where ownership is disputed, a local authority should seek written evidence to prove where the ownership lies.
9. Mr X disagrees with the Council’s decision to include the value of a property as part of Mr Y’s assets. Mr X states the Council has not properly considered the evidence provided, which shows he paid towards the mortgage and so had a beneficial interest in the property.
10. We will not investigate this complaint. I have seen records of the evidence and extensive communication between the Council, Mr X and other relevant parties about this matter. The evidence indicates that Mr Y is the legal owner of the property. Therefore, the Council’s decision to include the value of the property as part of Mr Y’s assets in its financial assessment appears correct. There is insufficient evidence of fault in the Council’s decision making to warrant an investigation.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman