Summary: We will not investigate Mr X’s complaint that the Council is mismanaging his money. There is not enough evidence of fault to justify an investigation. Furthermore, Mr X can complain to the Office of the Public Guardian if he is unhappy with the actions of the Council in its role as his deputy.

The complaint

1. Mr X complains that the Council refused to repay him money it put into his savings account. He wants the money repaying.

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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 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
• there is another body better placed to consider this complaint.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Following an assessment of Mr X’s mental capacity, the Court of Protection gave deputyship to the Council to manage Mr X’s finances.
6. The Council used to give Mr X £200 a week of his income to pay his bills and live on. It then reduced the amount to £170 a week and put the remaining £30 into Mr X’s savings account.
7. Mr X complained and so the Council reassessed Mr X’s capacity. It decided the Council still needed to manage his money for him. However, it reversed its previous decision and started paying Mr X £200 a week again.
8. Mr X complained. He said he wanted the Council to repay him the money it had saved for him when it was giving him £170 a week. The Council refused and said it was better if the money stayed in Mr X’s savings account to be used if he needed something such as a new television or computer.
9. We will not investigate this complaint. The Council was appointed as Mr X’s deputy to make financial decisions on his behalf. There is no evidence of fault in how these decisions were made.
10. If Mr X is unhappy with the Council’s actions as his deputy then he can complain to the Office of the Public Guardian who has supervisory powers over deputies appointed by the Court of Protection. I can see no good reason which would prevent Mr X from doing so.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation. Furthermore, Mr X can complain to the Office of the Public Guardian if he is unhappy with the actions of the Council in its role as his deputy.

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Investigator's decision on behalf of the Ombudsman