Summary: We will not investigate this complaint about the way the Council considered funds held in a joint bank account when it completed a financial assessment. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complains about the way the Council treated funds held in a joint savings account he held with his wife. Mr Y says the Council considered the money in the account should be split 50% between him and his wife for the purpose of its financial assessment. Mr Y says he had saved a portion of the money from his own fund in his sole account before transferring it to the joint account. Mr Y says the matter has caused him distress and frustration as he cannot use the money in the account to purchase a car he saved for. Mr Y wants the Council to reconsider its decision and the evidence he can provide to show how the funds from the joint account should be allocated.

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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, or
• it would be reasonable for the person to ask for a council review or appeal.

(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 Y complained to the Council about its financial assessment and the allocation of funding from the joint account.
6. The Council responded to the complaint and said it appreciated the background information Mr Y had provided about the funds in the savings account. It said it had followed national guidance when assessing the capital. It said the guidance generally assumed funds in a joint account are owned equally by the people named as joint account holders unless there is strong evidence to show otherwise.
7. The Council said its decision was based on the bank statements Mr Y had provided which were reviewed by its officer. It said based on its review of the information it could not exclude the funds from the financial assessment or adjust the proportion to show a different percentage other than a 50% split.
8. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating. The Council made its decision considering the information available to it at the time and relevant guidance. There is not enough evidence of fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.
9. Mr Y provided a bank statement to us which shows funds he said he saved in a bank account held in his sole name. He said he then transferred this money to the joint bank account. It is reasonable for Mr Y to share this information with the Council so it can consider whether it needs to make a new decision.

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Final decision

10. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman