Summary: We will not investigate Mr X’s complaint about the Council’s decision not to exercise discretion to disregard his share of a property for all means tested benefits and financial assessments. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council’s decision not to exercise discretion to disregard his share of a property for all means tested benefits and financial assessments.

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The Ombudsman’s role and powers

2. 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 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X is disabled and says the nature of his disability means he cannot live with his partner.
6. Mr X said he was attempting to secure funds from a third party to enable his partner to buy a property near to him. Mr X wants to protect this investment by ensuring he owns a proportion of the property funded by the third party.
7. Mr X wants the Council to commit to disregarding his share of the property (capital) in all future financial assessments to ensure his contribution towards his care package is not increased.
8. The Council confirmed it would not agree to disregarding a property purchased or part purchased by Mr X. The Council advised that any property that Mr X owned or partly owned, and where he was not living in, would need to be treated as capital in any financial assessment. The Council did not agree that any exception should be provided.
9. An investigation is not justified as we are not likely to find fault. Charging regulations are clear that all capital, including a percentage of any property owned, needs to be considered as part of a financial assessment. The Council’s decision is therefore in line with the law.
10. Further, Mr X considers the Council should exercise discretion in his case. However, I note Mr X’s case is only a proposed scenario. This is because Mr X or his partner has not yet purchased any property. I do not consider it reasonable or appropriate to expect the Council to decide whether to exercise discretion on a situation that does not currently exist.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman