Summary: Mr B complains about the Council’s actions in connection with the handling of his late mother’s financial affairs. The Ombudsman will not investigate the complaint because there are no grounds which warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr B, complains about the Council’s actions in connection with the handling of his late mother’s financial affairs. He says the Council was wrong to allow his brother to receive her belongings contrary to her wishes and he queries its decision that, as he is in prison, he cannot act as executor of his mother’s estate.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr B and gave him the opportunity to comment on my draft decision.

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What I found

4. Mr B is currently in prison and has been so since 2016. Prior to his incarceration he had cared for his elderly mother, Mrs X.
5. Mrs X moved from her home into a care home. At this time, the Council successfully applied to the Court of Protection for deputyship to manage her financial affairs. While taking this action, the Council kept Mr B informed of what it was doing.
6. Mr B corresponded with the Council about his mother’s belongings when she went into care and about payments she had been making to him in the form of gifts. In April 2019 the Council advised Mr B that when Mrs X passed away then the Council’s involvement in her affairs would stop and “responsibility will return to the family and you as next of kin”.
7. In June 2019 Mrs X passed away. The care home contacted Mr B’s brother and his brother is now executor for his mother’s estate.
8. Mr B contacted the Council as he wants to act in this capacity and not his brother. The Council sought legal advice on this matter and, having done so, told Mr B that he is unable to administer his mother’s estate because he is in prison.

Assessment

9. Mr B contacted the Ombudsman seeking advice, guidance and action in relation to matters involving his mother’s belongings and the administration of her estate. However, we are not an advice-giving body. Our role is to consider whether fault by the Council has caused the complainant injustice and in this case I see no evidence of this.
10. As Mr B is in prison, legally he cannot act as executor for Mrs X’s estate. Instead, his brother has this role. If Mr B wishes to challenge any action taken by his brother, then he should seek legal advice. However, this is not a matter which would involve either the Ombudsman or the Council.
11. Mr B says the wording of the Council’s letter from April 2019, which refers to him as being the next of kin, is of relevance in this case but this is not a view I share and it does not mean he is able to act as executor from prison.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because there are no grounds which warrant an investigation.

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Investigator's decision on behalf of the Ombudsman