The Ombudsman's final decision
Summary: We have discontinued our investigation. Mr X complained the Council would not increase his mother’s direct payment to cover increased care fees. The Council has offered a suitable way forward. Further investigation would be unlikely to lead to a better outcome for Mrs X.
The complaint
Mr X complained on behalf of his mother, Mrs X that her care fees have increased but the Council will not increase her direct payments to fund the increase.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I have considered Mr X’s complaint and have spoken to him about it.
I have also considered the Council’s response to Mr X and to my enquiries.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
The Council has paid Mrs X a direct payment since 2016. Mrs X used the direct payment to purchase a home support service from an agency. In April 2021, the care agency increased its hourly rate. This amount is higher than the Council’s direct payment amount. Mrs X’s family paid a top-up fee to meet the extra amount.
Due to Mrs X’s health condition, the family considered it best to stay with the existing care provider. Mr X wanted the Council to negotiate with the care provider to bring the fees back down in line with the Council rates. The Council said because the arrangement was made between Mr X and the provider, the Council could not do this.
The Council also did not feel it was appropriate to increase Mrs X’s direct payments to cover the increased rates just so that Mrs X to continue with the same provider. It said it understood Mr X’s view that it was important to maintain the continuity of the same agency. However, it said using the same agency does not guarantee the same care staff for Mrs X.
The Council suggested different options which included changing the care agency or using a personal assistant. Mr X did not consider these options to be suitable.
During the course of my investigation, the Council agreed to top up Mrs X’s direct payment to the requested hourly rate on an interim basis. It said this agreement would be in place whilst the Council considers a longer-term plan of moving the direct payment to another agency who will be willing to accept the Council standard direct payment rate or move to a managed budget.
In addition, the Council agreed to carry out a re-assessment of Mrs X’s needs to ensure the current level of support remains appropriate.
The Council’s offer is a reasonable way forward. It is unlikely that further investigation would lead to a better outcome for Mrs X. I have therefore discontinued my investigation.
Final decision
I have discontinued my investigation. The Council has offered a suitable way forward. Further investigation would be unlikely to lead to a better outcome for Mrs X.
Investigator's decision on behalf of the Ombudsman