Summary: We have exercised our discretion to end our investigation into Mr X’s complaint. Mr X complained the Council should have paid for his client, Mr Y’s, historic accommodation costs from 2016 onwards. Mr Y had a court appointed Deputy to oversee his property and affairs during the full period Mr X complains of. It was open for Mr Y’s Deputy at that time to complain to the Council if she considered the Council should have been paying for his accommodation or that the accommodation was unsuitable.

The complaint

1. Mr X complains the Council should have paid for his client, Mr Y’s, historic accommodation costs because he had eligible care needs and that accommodation Mr Y lived in was not appropriate.
2. Mr X says this has affected Mr Y’s finances and caused him avoidable distress and frustration.

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The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We may investigate complaints from the person affected by the complaint issues, or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. (section 26A or 34C, Local Government Act 1974)

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How I considered this complaint

5. I have considered all the information Mr X provided and discussed this complaint with a member of his staff. I have also considered information the Council sent in response to our enquiries.
6. Mr X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

What happened

Background and context

7. Mr Y is an adult with learning disabilities. He has issues with mental capacity and some other vulnerabilities.
8. Mr Y had a court appointed professional Deputy (the Deputy) for property and affairs, Ms J. Ms J was appointed by the Court of Protection in 2011. Part of her role was being responsible for making financial decisions for Mr Y. Ms J was the Deputy throughout the period of time complained of here.
9. Ms J retired as Mr Y’s Deputy in 2023. The Court of Protection then appointed Mr X as Mr Y’s new Deputy in the summer of 2023.

Mr X’s previous complaint to us

10. Mr X first complained to us about matters related to Mr Y’s historic housing and associated costs, in September 2024. Mr X said the Council should have paid for Mr Y’s accommodation due to his identified care needs but that it had not done so.
11. Mr X said the Council had agreed to pay for Mr Y’s ongoing accommodation but that it should pay historic accommodation costs.
12. As a result of our previous decision, the Council agreed to consider the costs of Mr Y’s accommodation from February 2023 to November 2023.
13. After discussions between the Council and Mr X, Mr X has advised that the Council agreed to pay backdated costs for accommodation from February 2023 onwards.

This complaint

14. Mr X brought the complaint to us that the Council should have paid for all of Mr Y’s historic accommodation from December 2016 onwards as Mr Y lacked capacity and the Council failed to provide him with appropriate accommodation.
15. Mr X says Ms J was forced into finding accommodation on an emergency basis due to a lack of support from the Council and that Mr Y would otherwise have been homeless.

Analysis

16. Whilst I acknowledge Mr X’s stance, Ms J was appointed by the Court of Protection as a professional Deputy for the reason that she was expected to make decisions related to property and affairs (including finances) on Mr Y’s behalf as he was seen as lacking capacity to do so. Ms J was in place as the appointed Deputy for the entire period of December 2016 to the summer of 2023. Ms J used Mr Y’s funds to pay for his accommodation for the entirety of this period and was in contact with the Council on many occasions throughout.
17. I do not have full information of Mr Y’s circumstances or accommodations for the complete period Mr X complains of. However, Mr Y moved to various locations both in and out of the Council’s area during this time with Ms J paying for his accommodation from his funds.
18. If Mr Y was entitled to any form of financial assistance towards his accommodation through benefits or other discretionary schemes, it would have been Ms J’s role as the Deputy to oversee this.
19. If Ms J had concerns about using Mr Y’s finances to pay for his accommodation at any point during her time as the Deputy or she considered the Council should have done so, it was open for her to raise this with the Council at the time.
20. I have seen no evidence of Ms J raising concerns or complaints about the Council’s actions in relation to these matters at any point.
21. I am not persuaded that a recent decision by the Council to pay for accommodation costs from February 2023 onwards means Mr Y is entitled to further backdated funds from the Council.
22. For these reasons, I am not persuaded this is a matter the Ombudsman should consider further. I am satisfied it is appropriate and proportionate to exercise my discretion to end this investigation.

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Final decision

23. I have exercised my discretion to end my investigation into this complaint.

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Investigator's decision on behalf of the Ombudsman