Summary: Ms K complained about the way the Council communicated with her late aunt’s family when it applied for Power of Attorney, and after her death. We found some fault in the Council’s actions after Ms K’s aunt’s death. The Council has already offered a fitting remedy, so we do not recommend anything further.

The complaint

1. Ms K complains the Council did not contact her late aunt’s family when it applied for Power of Attorney.
2. Ms K also complains the Council’s contact with the family after her aunt passed away was unreasonable. She says the Council would not release the keys to her aunt’s property, and other items to her which delayed administration of the estate.

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The Ombudsman’s role and powers

3. 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)
4. 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’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with an organisation’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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What I have and have not investigated

6. I could not investigate Ms K’s complaint about the Council’s contact with her aunt’s family when it applied for Power of Attorney. The Court considered the application and granted Power of Attorney, so it is not for this office to investigate the application made by the Council.
7. There are issues which have arisen since Ms K brought this complaint to the Ombudsman. I have not included this as part of my investigation, however, the Council has confirmed it is dealing with those issues. If Ms K remains unhappy with the outcome of that, she can raise a new complaint.

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How I considered this complaint

8. I have considered information provided by the Council and Ms K, alongside the relevant law and guidance.
9. Ms K and the Council have had the opportunity to comment on a draft decision before this final decision was made.

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What I found

What happened

10. Ms K’s aunt (A), lived in a care home and the Council had been appointed Deputy, to look after her finances and property until she passed away in July 2023. On her death, the Council’s Deputyship came to an end.
11. The Council told Ms K of A’s death and she instructed solicitors to administer the estate.
12. The solicitor requested the keys to A’s property from the Council at the end of July 2023, and again in August. The Council responded to say it could not release A’s property until Letters of Administration had been obtained.
13. In November 2023, the Council sought legal advice and confirmed that it could release the keys without Letters of Administration after all. The Council inspected the property and at this point the keys were ready to be released.
14. The Grant of Administration was issued in January 2024, and the keys to the property were eventually released in March 2024.
15. Ms K has complained to the Council, and it has accepted there have been failings in the way it has dealt with A’s possessions after her death.
16. The Council has set up several service improvements to address the issues that arose here, including the delay in releasing the keys to Ms K.
17. The Council has refunded a charge of £375 for dealing with administration of A’s matters, in recognition there were flaws in the way it did so. It has also offered £250 to Ms K in recognition of the impact the Council’s handling of the matter has had on her.

Analysis and Findings

18. The Council’s Deputyship ended when A passed away. There was no need for the Council to await the Grant of Probate before releasing any of A’s property to her family. In this case it took the Council eight months to do so. This is fault.
19. During this delay, there were Solicitors acting for the estate, which will have taken some of the responsibility for chasing the Council from Ms K.
20. The Council has responded to each of Ms K’s complaints and acknowledged and apologised for any failings identified. It has proposed service improvements for its role when someone it is Deputy for passes away. These improvements should ensure it does not repeat what has happened in this matter.
21. The Council has acknowledged its fault in not releasing property in a timely manner and has refunded its fee for the administration of A’s matter. Further, it has offered £250 to Ms K in recognition of the impact its actions had on her.
22. The Council’s remedies are suitable redress for the fault and injustice identified. On this basis, I do not consider any further remedy is required.

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Final decision

23. We found there is some fault in the Council’s actions, but it has already taken action to remedy this.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman