The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council’s decision to undertake a capacity assessment before allowing him control of his own money. This is because there is not enough evidence of fault having caused a significant enough injustice to warrant an ombudsman investigation.
The complaint
Mr B complained although he initially agreed to the Council being appointee for his finances, he did not fully understand what he was signing for. Mr B says the Council is ignoring his request to manage his own finances and wants full control of his money.
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
The Council says it will work with all parties, including Mr B, his parents and advocate to conclude the issues of Mr B’s finances but in order to do this it will need to complete capacity assessment with Mr B. Mr B says the Council completed a capacity assessment when he returned home, and it was determined he had capacity to make this decision.
Determining capacity is time and decision specific. We could not say there is fault with the Council’s decision to undertake a capacity assessment with Mr B now to satisfy itself there is no coercion and he understands the implications of managing his own finances. Although Mr B may find having to have a capacity assessment an inconvenience, the Council’s actions have not caused him a significant injustice.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault causing a significant enough injustice to warrant an ombudsman investigation.
Investigator's decision on behalf of the Ombudsman