Summary: Mr B’s representative complains on Mr B’s behalf about the Council’s delay in progressing its application to the Court of Protection for a deputy to safeguard and manage Mr B’s financial affairs. The Ombudsman will not investigate the complaint because the required paperwork is currently with the Court awaiting a decision and it will be for the appointed deputy to decide what action to take.

The complaint

1. The representative acting for the complainant, who I refer to as Mr B, complains the Council has delayed unreasonably in taking appropriate action to progress an application to the Court of Protection for Mr B. The representative has been concerned about the security of Mr B’s financial assets during the period of delay.

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The Ombudsman’s role and powers

2. 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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I spoke to Mr B’s representative and reviewed the information he and the Council provided. I gave the representative the opportunity to comment on my draft decision and considered what he said.

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What I found

4. Mr B has dementia and receives care services from the Council which acts as appointee for him as Mr B has no Lasting Power of Attorney. Mr B’s representative has been acting on Mr B’s behalf in an informal capacity.
5. In 2017 the representative wrote to the Council concerned about Mr B’s finances and stating that the Council should apply to the Court of Protection for the appointment of a Deputy to safeguard and manage Mr B’s substantial assets.
6. In 2018 the Council told the representative the application was in progress but it did not send the application in to the Court until February 2019. The Council told the representative that the delay had been caused by the processes it has to follow in such cases and because of the difficulties in getting the necessary information from Mr B.
7. The Council has confirmed the Court of Protection now has all the necessary paperwork and it is currently waiting for a determination which it expects to receive within the next couple of weeks.
8. Mr B’s representative wants the Council to contact the Court to request an urgent/emergency hearing and has highlighted an issue with a pension Mr B has. However, urgent or emergency applications are made in circumstances where, for example, someone’s life or welfare is at risk and a decision has to be made without delay. The Council has confirmed it did not consider Mr B’s case to be one where an urgent application was required.
9. Once appointed the Deputy will be in a position to establish whether Mr B has suffered any injustice as a result of the delay and what action would be appropriate.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because the required paperwork is currently with the Court awaiting a decision and it will be for the appointed deputy to decide what action to take.

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Investigator's decision on behalf of the Ombudsman