Council cleared over family's concerns about vulnerable man who gave away £60k
A council has been cleared of wrongdoing over claims it did not step in to prevent a vulnerable man being exploited out of £60,000.
Telford & Wrekin Council was reported to the Local Government and Social Care Ombudsman by a woman who said it should have done more to protect her late brother, who was known to mental health services.
However, the watchdog has now concluded the council was not at fault, as the man, referred to only as Mr X, had capacity to make his own decisions about his finances.
The investigation report says the man was in his 60s and described himself as estranged from his siblings, including the complainant, Mrs A.
He had previously been detained under section three of the Mental Health Act, and was therefore entitled to after-care, which he was receiving from the community mental health team (CMHT).
A social care review in August 2021 assessed that Mr X did not need care from the council.
Notes from the review said Mr X “has capacity around his finances and knows he should not give his money to others. However, this has been a long-standing concern.”
It was also noted that the CMHT had raised concerns that Mr X was being financially exploited by a known female friend.
Mr X was visited by police and his care coordinator, but he did not wish to pursue a complaint, the ombudsman report says.
Mr X died in December 2021 and Mrs A made a complaint to the council in February 2022 about its alleged failure to protect her brother.
The report says: “She said Mr X was afraid of the police. She said he had been attacked by the alleged perpetrator who had made online purchases using Mr X’s bank details.
“She said she believed the alleged perpetrator had stolen many thousands of pounds from her brother.”
However the council denied the allegation, saying Mr X’s care needs were regularly reviewed and that there was “no evidence that Mr X lacked capacity to make his own decisions about his finances, however unwise the decisions may have appeared to other people”.
The complaint was not upheld by the ombudsman. The report concludes: “There is no evidence the council failed to safeguard Mr X.
“He had capacity to make his own decisions about his finances and refused to take action in respect of the alleged thefts despite repeated warnings.”