Summary: We will not investigate this complaint about the complainant’s son’s finances and bank statements. That is because other bodies are better placed to consider the issues he has raised.

The complaint

1. The complainant, Mr B, complained that the Council failed to respond to his requests for information about his son’s finances, it stopped providing his son with copies of his bank statements and it failed to give him the correct advice about how to remedy the situation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.
5. Mr B has had an opportunity to comment on my draft decision. I considered his comments before making a final decision.

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My assessment

6. Mr B told us he has been put to considerable trouble in getting the Council’s adult social care team to appreciate that his son (Mr C) is capable of interpreting his finances. Mr B said Mr C has become far more mature and capable now in many respects. Mr B said Mr C was unable to say whether one of his appliances was insured or to check whether better deals could be available for utilities because they could not view his bank statements. Mr B told us they do not know if there are any incorrect recurring transactions. He wants his son to be able to check his account often without having to put in a request to the Council. One of the actions he wants the Council to take is for it to start again to send copies of bank statements to his son.
7. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. We will consider whether another body is better placed to consider the issues a complainant has raised. In May 2022 the Council confirmed to Mr B that it holds Department for Work and Pensions (DWP) appointeeship for his son. Decisions on appointeeships are for the DWP to take. The DWP can investigate allegations that a person is not acting appropriately or in someone’s best interests. Assessments of a person’s mental capacity are specific to a decision to be taken at a particular time. If Mr B and Mr C have new information which they believe shows Mr C is now capable of managing his finances, they can ask the Council to review its assessment. If this issue remains unresolved, the Court of Protection, ultimately, can make a decision on Mr C’s mental capacity.
8. An additional point Mr B has raised with us is the Council failed to advise him of the correct route to pursue to seek a remedy because it directed him to us. At the end of the complaint process we expect councils to refer complainants to us if they remain dissatisfied. That is not, of itself, fault. It is then for us to decide if we have jurisdiction to consider their complaints and if so, whether we will start an investigation. We will then tell complainants if we consider another body is better placed to consider their complaints. In some cases councils will refer complainants to other bodies if this is relevant. But we would not investigate a standalone complaint from Mr B complaint about the way the Council dealt with his complaint when we are not investigating the substantive issue he raised.
9. Mr B told us the Council has continually said to him withholding of bank statements is policy but its officers have never revealed what the policy is and given no evidence of it. Mr B can make a request under the Freedom of Information Act for information the Council holds on its policy so our involvement in this issue is not justified.

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Final decision

10. We will not investigate Mr B’s complaint because other bodies are better placed to consider the issues he has raised.

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Investigator's decision on behalf of the Ombudsman