Summary: Mr X complained the Council delayed setting up the arrangement when it took over managing his finances, so he continued to receive bills and it did not set up his white goods insurance. The Council was not at fault. It has acted appropriately as Mr X’s appointee to agree a budget with Mr X, to ensure his bills were paid and to ensure Mr X no longer receives bills from his suppliers.

The complaint

1. Mr X complains the Council delayed properly setting up the arrangement when it took over as appointee for his finances from Company C. In particular:
• it failed to ensure his white goods insurance was in place;
• delayed ensuring bills were sent to the Council and not to him;
• reduced his money by £20 a month; and
• was not clear about contact arrangements and who he should contact to discuss his finances.
2. This caused Mr X unnecessary anxiety and frustration.

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The Ombudsman’s role and powers

3. We investigate complaints about fault. If there is fault we look at the impact (or injustice) this caused the person complaining. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have considered the information provided by Mr X and have discussed this with him on the telephone. I have considered the Council’s complaint responses and response to my enquiries.
6. I gave Mr X and the Council the opportunity to comment on a draft of this decision. I considered their comments before reaching a final decision.

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What I found

Background

7. Mr X has a learning disability and health conditions. Mr X has high levels of anxiety related to his conditions. Mr X receives a support package through a care provider.
8. When a council has concerns about someone’s ability to make decisions they must carry out a mental capacity assessment. The assessment must relate to the specific decision to be made at that particular time.
9. If someone does not have the capacity to manage their finances they can agree to having an appointee. The appointee is responsible for managing a person’s benefits and for paying bills on their behalf.
10. Mr X complained to the Ombudsman in 2017. We found Mr X had not had appropriate support to help him manage his finances. The Council had delayed assessing Mr X’s capacity to manage his finances. When it assessed his capacity, it decided he could not manage his finances alone. In early 2018 it appointed Company C to act as Mr X’s appointee to help him manage his finances.
11. Mr X complained to the Ombudsman in 2018 about the way Company C was supporting him to manage his finances. We found Company C (acting on behalf of the Council) delayed setting up a payment arrangement with Mr X’s energy supplier leading to a large debt. In May 2019, Company C decided to withdraw its support to Mr X due to difficulties in managing his account. At the time it said Mr X’s outgoings were more than his income.

What happened

12. In June 2019, Mr X agreed for the Council’s appointee service to take over supporting him with his finances. Mr X’s social worker met with Mr X, the manager of his care provider and officers from the Council’s finance team. Mr X agreed the Council would pay his bills on-line rather than having letters sent. They agreed to meet again to work out a plan for Mr X’s money and agreed that Mr X could contact the social worker if he needed money outside what was agreed in the plan.
13. At a further meeting in July 2019 the Council went through the budget plan with Mr X and made a list of expenditure he needed for the year. They asked Mr X about cancelling his washing machine insurance but he did not want to do this.
14. Mr X’s energy supplier telephoned Mr X and sent him a bill. In September 2019, the Council contacted the energy supplier to ask them to contact the Council not Mr X with any queries or issues about his utility bills.
15. Mr X received a letter about white goods insurance. The insurance company also tried to get a payment from Mr X’s bank account but could not because there was not enough money. The Council was aware Mr X previously had insurance for his washing machine but was not aware of previous insurance set up for his television and fridge freezer. It contacted the insurance company who advised these insurances were often set up as annual payments when the goods were bought. The Council wrote to the insurance company in November 2019 and told it to write to the Council not Mr X. It also wrote to the other utility companies and Mr X’s telephone provider to confirm it was now the appointee.
16. In December 2019 Mr X’s social worker changed roles and he got a new social worker. Mr X raised concerns about how the Council was managing his money. He was also unhappy that he was now being told not to contact the appointee service directly. The Council wrote to Mr X in December 2019. It set out that:
• It was not aware of all the white goods insurance policies when it took over managing his money.
• It had contacted the energy supplier and other providers asking them to stop contacting Mr X and to contact the Council with bills or queries.
• Mr X could phone the social worker each week at an agreed time with any queries or concerns about his finances or care.
• Mr X should contact the social worker with any concerns or plans to spend money outside of the agreed plan or if he was contacted by any of the providers.
• It arranged a meeting between Mr X, his social worker, care provider and the finance team to discuss Mr X’s issues.
17. At the meeting in December 2019 the Council provided Mr X with an easy read document setting out who he should contact with queries. This set out that Mr X should call his social worker on a Monday morning at 9.30am for any requests for additional money. At the meeting the social worker explained that he could not afford the insurance for all his white goods and to pay this he would need to have less spending money. They agreed to meet to complete a weekly budget.
18. Mr X’s agreed budget shows he is no longer overspending. He no longer has white goods insurance. Mr X’s personal allowance is now £130 a week and he puts aside £10 a week to cover the cost of replacing any white goods if they break. Mr X is also continuing to pay the arrears due to his energy supplier.

Findings

White goods insurance

19. The Council was aware of Mr X’s washing machine insurance when it took over managing his finances. It was not aware of the insurance for two other appliances and the insurance company sent Mr X letters about these renewals which caused him anxiety.
20. When the Council contacted the insurance company it said these insurances were often set up annually when the items were bought. The Council would not therefore have known about these until they came up for renewal and so it was not at fault.
21. The Council has advised Mr X to save for new white goods rather than pay for three lots of insurance. It has supported Mr X in managing his finances, as his appointee, and is not at fault.

Bills sent to Mr X and not the Council

22. The Council contacted the energy company in September 2019 to ask it to contact it not Mr X. In November 2019 it wrote formally to all of Mr X’s providers with the details of its role as Mr X’s appointee. Mr X should no longer receive any letters from any of his providers. The Council has acted properly to address
    Mr X’s concerns and is not at fault.

Spending money reduced

23. Mr X was spending more money than he was getting. The Council as his appointee has worked with Mr X to agree a budget he can afford. Mr X now receives £10 a week less in spending money than he previously did but this is not fault.

Contact arrangements

24. Mr X was given details of the appointee service but the Council says Mr X was contacting them with queries that they could not deal with. It has provided Mr X with an easy read document setting out who to contact about what issues. It has agreed Mr X can contact his social worker each Monday with any queries or concerns about his finances or care. The Council has acted appropriately to address Mr X’s concerns and is not at fault.

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Final decision

25. I have completed my investigation as there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman