Overview
The complainant, a Citizens Advice advocacy worker (Mr C), raised a number of complaints on behalf of his client (Mrs A) about the financial assessment carried out by East Lothian Council (the Council) in respect of her mother (Mrs B) and the way the Council's Complaints Review Committee (CRC) dealt with the complaints.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) there were shortcomings in the information provided to Mrs A by the Council at the time of the initial financial assessment of Mrs B (upheld);
- (b) the CRC failed fully to explain the reasoning behind their decision not to uphold the complaint (upheld);
- (c) the Council dealt with the matter in terms of a blanket policy and failed to consider the case on its own merits (not upheld); and
- (d) the Council acted unreasonably in not agreeing to convene a new CRC hearing to consider a salient piece of information (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) in consultation with the Chair and other members of the CRC, revisit their decision with a view to providing a full and adequate explanation based on the merits of Mr C's case; and
- (ii) in consultation with the Chair and other members of the CRC, assess the significance of the minute of the agreement to the merits of Mr C's case.
The Council have accepted the recommendations and will act on them accordingly.