Summary: We will not investigate Mrs X’s complaint that the Council’s financial assessment was wrong. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council wrongly decided she had deprived herself of funds to reduce the amount she had to contribute towards her care costs.
2. Mrs X says that as a result she is in debt and cannot afford her care home fees.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Several years ago, when Mrs X began to receive care at home and then in a care home, the Council carried out a financial assessment. It determined Mrs X had deliberately deprived herself of over £80,000 to avoid care costs. In October 2023, it found out she had gifted a further £45,000 in 2020 and decided she had again deprived herself of assets.
8. When councils decide someone has deliberately deprived themselves of assets, they can take that amount into account when deciding whether someone can afford to pay for their care.
9. The Council did this and determined Mrs X would become eligible for care home funding from the Council at the end of 2024. It brought the date forward slightly after Mrs X provided some additional information.
10. Mrs X is unhappy because she says she does not have enough money to pay for her care.
11. We will not investigate this complaint. The Council’s decision that Mrs X deliberately deprived herself of the initial sum of £80,000 took place more than 12 months ago and I can see no good reason why Mrs X did not come to us sooner.
12. In relation to the later sum of £45,000, the Council explained why it believed Mrs X deliberately deprived herself of assets. The Council’s decision was in line with the relevant guidance and so there is insufficient evidence of fault to justify an investigation.

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Final decision

13. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman