Summary: We will not investigate this complaint about the way the Council handles Mr X’s finances as a court-appointed deputy. There is not enough evidence of fault or of injustice to warrant us investigating.

The complaint

1. Mr X complains the Council has failed to give him enough money to allow him to take holidays and day trips, and to pay for food. He wants the Council to increase his allowance and move the deputyship to the local Council where he now lives.

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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 adversely affected 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
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(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. The Court of Protection appointed the Council to help Mr X manage his money.
6. Mr X complained the Council is not giving him enough money, including for food shopping. He said he needs more money so he can go on holiday and on day trips.
7. The Council considered Mr X’s complaint and explained its records show it recently gave Mr X money for a holiday, activities and day trips. It also says he has enough for food shopping and workers support him to do this.
8. The Council has noted that Mr X was having to contact the Council often to request more money for occasional spending. It intended to arrange a meeting with him to find a better way to manage his money. This is a suitable way to proceed and we could not achieve more.
9. If Mr X remains unhappy with the way the Council is acting as deputy, he can report his concerns to the Office of the Public Guardian.
10. Mr X has moved from one council area to another and wants the council where he now lives to manage his money. The Court of Protection would have to agree to this, so we cannot achieve it by investigating.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault or of injustice to warrant it.

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Investigator's decision on behalf of the Ombudsman