The Ombudsman's final decision
Summary: We will not investigate this complaint about a claim for testamentary expenses which the Council has rejected. It is reasonable for Mrs X or the Council to seek a remedy in the courts which are better placed to determine a point of law.
The complaint
Mrs X complained about the Council’s rejection of her claim for testamentary expenses for administering her late step-father’s estate. She says the expenses were legitimately incurred and it is unreasonable for the Council to refuse to accept them.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 X says she submitted a claim for her expenses incurred in dealing with the estate of her late step-father who lived some distance away from her home. She says the mileage claims she submitted were unavoidable costs which the Council should accept.
The Council says that some of the claims are excessive and could have been dealt with by post or phone and did not require the amount of personal travelling claimed. The expense payments are claimed from the Council’s social care budget and it is required to have due diligence in how public funds are claimed. The Council took legal advice on the claims and it believes it has dealt with the matter fairly.
The Ombudsman cannot determine points of law. There is no statutory definition of testamentary expenses and contested claims are dealt with through the courts. It is reasonable for Mrs X to challenge the Council’s interpretation of reasonable expenses in the court and she has taken preliminary advice on this matter.
If the Council seeks a repayment of outstanding finance owed to it for services provided to her relative it may seek a remedy in the courts which then have to decide what are reasonable testamentary expenses.
Final decision
We will not investigate this complaint about a claim for testamentary expenses which the Council has rejected. It is reasonable for Mrs X to seek a remedy in the courts which are better placed to determine a point of law.
Investigator's decision on behalf of the Ombudsman