The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to disregard Mrs B’s property in her financial assessment. This is because there is not enough evidence of fault with the Council’s actions to warrant an Ombudsman investigation.
The complaint
Mrs C complained her mother’s, Mrs B’s, property should be disregarded from her financial assessment. Mrs C says Mrs B lived with her son on a temporary basis, had no financial gain from his property, maintained her property and always intended to go back to her property. Mrs C says Mrs B has been financially disadvantaged because the Council has included the property in the financial assessment.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs C appealed the Council’s decision to include Mrs B’s property in the financial assessment. The Council explained Mrs B was away from her home residing with family for a number of years before entering residential care, but the property she owned and maintained was her main and only home so should not be disregarded from the financial assessment. The Care Act says: Property disregards 34) In the following circumstances the value of the person’s main or only home must be disregarded: (a) where the person is receiving care in a setting that is not a care home (b) if the person’s stay in a care home is temporary and they either: (i) intend to return to that property and that property is still available to them (ii) are taking reasonable steps to dispose of the property in order to acquire another more suitable property to return to.
These circumstances do not apply to Mrs B. She owns a property, decided to live with a family member but had the option of returning to her own home. Mrs B now resides in a care home. The Council can now include the property as a capital asset for the purpose of the financial assessment.
Final decision
We will not investigate Mrs C’s complaint because there is not enough evidence of fault to warrant an Ombudsman investigation.
Investigator's decision on behalf of the Ombudsman