Summary: We will not investigate Mr X’s complaint that the Council did not sell his late mother’s home as required under a lasting power of attorney. That is because we are unlikely to find evidence of fault as the Council never had legal authority to sell the home. In addition, there is not enough evidence of significant injustice to warrant an investigation.

The complaint

1. The complainant (Mr X) complains about the Council’s handling of his late mother’s (Mrs P) financial affairs when it held power of attorney for her. He says the Council did not comply with its duties as Deputy of Mrs P’s lasting power of attorney (LPA). Mr X says the Council was responsible for the sale of Mrs P’s home which he had always said should be sold as he did not want to inherit it.
2. In summary, Mr X says that as a result, he inherited Mrs P's home when she died and he cannot afford to pay for the significant arrears and debts which it is subject to. He would like the Council to pay for these debts

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The Ombudsman’s role and powers

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 or significant enough injustice to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).

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How I considered this complaint

5. I considered information provided by Mr X and the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2020, Mr X says he transferred the LPA he held for Mrs P to the Council. There are two types of LPAs, one which gives the deputy powers to deal with health and care matters, and the other over financial affairs. Either type must be approved by and registered with the Office of the Public Guardian. Where things go wrong, the Court of Protection (COP) helps make decisions on who can act as deputy and resolve disputes about the type of LPA needed. The LPA in place for Mrs P since it was first made has only ever covered health and care matters.
7. In 2022, the Council applied to the COP for the appointment of a Panel Deputy to grant an LPA covering Mrs P’s financial affairs. The COP appointed the Council as Deputy, but not for financial affairs. This meant the Council had no legal authority to deal with or sell Mrs P’s home. The Council immediately challenged the COP’s decision, requesting it appoint a Panel Deputy and continued to chase the matter when it heard nothing from the COP. Mrs P died the following year and because her home was not sold, it passed to the beneficiaries of her estate and the involvement of the COP ceased.
8. We will not investigate this complaint because we are unlikely to find the Council at fault. It was proactive in trying to get a COP appointed Deputy with the needed LPA authority. Furthermore, it did not have the authority to sell Mrs P’s home. We cannot look at how the COP heard or decided the subject of Mrs P’s LPA.
9. In addition, Mr X has a right to refuse or disclaim any inheritance. This would mean he was not responsible for any associated debts. Therefore, there does not appear to be a significant enough injustice experienced to justify our involvement.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault or a significant enough injustice to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman