Summary: Ms X, on behalf of Mr Y, complained the Council failed to reimburse monies stolen from his bank account by a carer. Mr Y is elderly and lives on a limited income and so has missed out on enjoying his money. The Council, now aware Ms X is unable to accept the offer of repayment by the care provider, has agreed to repay the amount to Mr Y. I consider this, along with the payment of interest for the time Mr Y has been without the money, amounts to a suitable remedy.

The complaint

1. Ms X, on behalf of Mr Y, complained the Council failed to reimburse monies stolen from his bank account by a carer.
2. Mr Y is elderly and lives on a limited income. He is missing out on enjoying the money.

Back to top

The Ombudsman’s role and powers

3. 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)
4. 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)

Back to top

How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant’s representative;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with the complainant’s representative;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

Back to top

What I found

Mental Capacity Act

6. The Mental Capacity Act 2005 is the framework for acting and deciding for people who lack the mental capacity to make particular decisions for themselves. The Act (and the Code of Practice 2007) describes the steps a person should take when dealing with someone who may lack capacity to make decisions for themselves. It describes when to assess a person’s capacity to make a decision, how to do this, and how to make a decision on behalf of somebody who cannot do so.

Court-appointed Deputies

7. If there is a need for continuing decision-making powers and there is no relevant Enduing Power of Attorney or Lasting Power of Attorney, the Court of Protection may appoint a deputy to make decisions for a person. It will also say what decisions the deputy has the authority to make on the person’s behalf. The Office of the Public Guardian (OPG) oversees the work of attorneys and court-appointed deputies and produces detailed guidance for them.

Key facts

8. This section sets out the key events in this case and is not intended to be a detailed chronology.
9. Ms X is Mr Y’s cousin and acts as his deputy as he does not have the mental capacity to make his own decisions relating to finances. In July 2023, a loss of almost £7,000 from Mr Y’s bank account was discovered. A carer working at the care home where Mr Y lives, admitted stealing the money.
10. The police investigated the loss but took the view there was insufficient evidence to prosecute the carer. The Council waited until after the police concluded their investigation to complete a safeguarding investigation. Throughout this period of several years, Mr Y has had to manage without this significant amount of money.
11. In November 2024, the care provider wrote to Ms X, as Mr Y’s deputy, offering to repay the money owed. As five other residents also had money stolen, the care provider said it was unable to refund the money as lump sum and offered monthly payments over a 12-month period. The offer required the signing of an agreement, and it asked Ms X to do this on behalf of Mr Y.
12. Ms X responded to the care provider explaining that as the court appointed deputy she is unable to sign such an agreement. The care provider said it would take legal advice but has not contacted Ms X again. The other residents were able to sign the agreement and so their repayments will be made.
13. After making enquiries to the Council it responded saying that it was not previously aware Ms X could not accept the care provider’s offer of repayment. It says it will reimburse the money to ensure a timely resolution for Mr Y. I welcome the Council’s action and consider this provides a suitable remedy for the complaint.

Back to top

Action

14. Within one month of my final decision the Council will contact Ms X and arrange to reimburse the money stolen from Mr Y, along with interest for the time Mr Y has been without the money.
15. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

16. I will discontinue my investigation as the Council has agreed action that provides an appropriate remedy.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman