Summary: We will not investigate this complaint about money missing from an estate. The police are better placed to investigate an allegation of theft. The Information Commissioner’s Office are better placed to investigate a complaint about the release of information. There is no worthwhile outcome from an Ombudsman investigation.

The complaint

1. Ms B says the Council failed to protect her friend, Ms C’s, finances during Ms C’s lifetime.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. 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
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms C has died, Ms B is the personal representative of Ms C’s estate. Ms B has concerns about the management of Ms C’s finances during her lifetime, for example the frequency and quantity of cash withdrawals.
7. The Council was the appointee for Ms C’s benefits. This means the Council received Ms C’s benefits and made payments from those funds, such as for her care fees. The Council did not control any other income Ms C had or any savings she had. Ms C had a live-in carer who could support Ms C to access her money from a cash machine.
8. The Council is the safeguarding authority which means it protects adults’ rights to live in safety, free from abuse and neglect. The Council says it has complied with its duties under this role.
9. Ms B’s concerns about cash withdrawals by the care worker would be more appropriately investigated by the police as an allegation of theft. The Council’s safeguarding would not recover any loss from theft. Any action taken about the care worker working with vulnerable adults in future would not be shared with Ms B.
10. The Council said it cannot share information with Ms B because Ms C did not want her personal information shared. Even if the Council cannot share personal information, it should consider what financial information it can share to help Ms B in her role as executor of Ms C’s estate. The Information Commissioner’s Office is better placed to consider any concerns about how the Council has dealt with an information request.

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Final decision

11. We will not investigate Ms B’s complaint because there is not enough evidence of fault in the Council’s role as appointee for Ms C’s benefits. The Council was not responsible for overseeing Ms C’s finances generally and is not responsible if a third party was using Ms C’s money. That is an allegation of theft which is for the police to investigate. As the allegations came to light after Ms C’s death it would be too late to safeguard Ms C. Any actions the Council has taken about the care worker under safeguarding cannot be shared with Ms B.
12. It is not the Ombudsman’s role to investigate to seek or provide answers. Ms B can contact the Information Commissioner’s Office with any complaint about a failure by the Council to provide information that she needs to settle Ms C’s estate.
13. We cannot ask the Council to refund Ms C’s estate with any money that is missing, so we cannot achieve the outcome Ms B wants. There is no worthwhile outcome from an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman