Summary: We will not investigate this complaint about financial assessment for adult social care fees. The Council’s valuation of a share in a property is in dispute. The Council must get a professional valuation, which it did. There is therefore not enough evidence of fault to justify investigation. The Ombudsman cannot settle the dispute over the property valuation and cannot achieve the outcomes the complainant seeks.

The complaint

1. Ms F says the Council has over valued Ms G’s share of a jointly owned property. This meant Ms G must pay in full for her adult social care, and her estate has a large debt for her care fees.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the Care Act 2014 and associated statutory guidance.

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My assessment

7. When Ms G moved to a residential care home the Council must assess what, if anything, Ms G could afford to pay toward her care.
8. Ms G owned a property with another relative. Government guidance states the Council needs to work out what value Ms G’s share in the property has to take account of it in the financial assessment. If there are any disputes the Council must get a precise valuation from a professional valuer.
9. Both parties agree the Council got a professional valuation of Ms G’s share of the property. Ms F disputes the professional valuation.
10. The Ombudsman cannot settle a dispute about the value of the property share. The Council must get a professional valuation and that is what it did. The Council was entitled to rely on the professional valuation. Therefore, there is not enough evidence of fault in how the Council completed the financial assessment to justify an investigation.
11. The Ombudsman cannot achieve the outcome Ms F seeks. Ms F wants the Council to give the property a nil value and contribute to Ms G’s care since she moved into the residential care home. Only a court could settle the dispute of the property valuation.

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Final decision

12. We will not investigate Ms F’s complaint because there is not enough evidence of fault to justify investigation.

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Investigator's decision on behalf of the Ombudsman