Overview
Mr C complained that in calculating the financial assets of his father (Mr A) East Dunbartonshire Council (the Council) decided to disregard the transfer of Mr A's home to his son nine years previously for 'love, favour and affection' and included the notional value of the Property in his assets. As a consequence of this notional capital Mr A was regarded as self-funding for his care home costs. Mr A had no actual funds and was not able to pay his costs. Mr C stated that his father was faced with bankruptcy and eviction because of the debts incurred. Mr C complained that the Council had not acted reasonably in reaching the decision to regard Mr A as in possession of notional capital as they had reached a decision based on assumptions rather than real evidence. Mr C also complained about the lack of an independent appeal procedure to review his complaint.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council acted unreasonably in reaching a decision that it would not fund Mr A's care home costs (upheld); and
- (b) the Council had no effective procedure for reviewing its decision (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) review their current practice for assessment of nominal capital to ensure that it complies with the spirit of the relevant regulations;
- (ii) reassess Mr A's financial means, excluding the nominal value of the Property; and
- (iii) apologise to Mr C for the previous lack of formal procedures available to him to progress his complaint.
The Council have accepted the recommendations and will act on them accordingly.