The Ombudsman's final decision
Summary: Mrs X complained about the Council’s communication about her direct payments and a lack of services to her in relation to her care. We did not find fault with the Council’s actions or how it has tried to support her in the past few years.
The complaint
Mrs X complains about the lack of communication from the Council relating to her direct payments and the provision of personal care services to her over the past few years. She says this has caused her stress and frustration, with her daughter being significantly impacted as she has provided the care and support Mrs X needs.
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. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
What I have and have not investigated Mrs X’s complaint refers to issues from 2020 and 2021. Further to Paragraph 3 above, I have exercised discretion to consider these to provide necessary context relevant to this complaint and my findings.
How I considered this complaint
I discussed the complaint with Mrs X and considered her views.
I made enquiries of the Council and considered its written responses and information it provided.
Mrs 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
Administrative background Direct Payments A direct payment is money a council gives to an adult with care and support needs, to meet some or all their eligible needs. They enable people to arrange their own care and support to meet those needs, either by employing care staff (Personal Assistants) or by using an agency to provide staff.
Care and Support Statutory Guidance says: 12.73: The local authority might also discontinue payments if the person fails to comply with a condition imposed under regulations to which the direct payments are subject or if for some reason the local authority no longer believes it is appropriate to make the direct payments. For example, the local authority might discontinue the direct payment if it is apparent that they have not been used to achieve the outcomes of the care plan.
Background – summary of key relevant events Mrs X has multiple health conditions and mobility issues.
In early 2020, the Council informed Mrs X it was stopping her direct payments (“DP”). She had been using the funds for taxis to take her children to school. It said this was not in line with its procedures or her care and support plan. It closed her account.
In summer 2020, Mrs X appealed, and the Council reviewed her case. It agreed with her a formal care service would be the best way forward to meet her eligible needs. It confirmed a care package for Mrs X consisting of 20 hours support each week. It put in place a DP agreement for her to employ a Personal Assistant (“PA”) to help her with daily care needs and her parenting role, including support with the school run.
From autumn 2020, the Council advertised for a PA to meet the hours and tasks identified for Mrs X in her care and support plan. It received one application in early 2021. The Council said it shared this with Mrs X and she did not respond. Mrs X said to me she did, but the applicant did not meet her requirements.
Between 2020 and 2021, records show the Council periodically contacted Mrs X to review progress, summarised as below: Mrs X said she wanted to employ a PA from abroad. The Council said it could not assist with visa applications and it would be for her to do. It could offer advice and assistance once she found one.
The Council recorded Mrs X had not used her DPs and it had concerns about how her personal care needs were being met without a PA. Mrs X told the Council she was being supported by her eldest child (who received support from Young Carers in her own right) and other family members provided care when required. The Council had concerns with this but noted Mrs X said her eldest was only supporting her with light duties and she had the assistance she needed. Mrs X’s main concern was financial support to get her children to school. The Council explored some options about her children’s transport. It reconfirmed the agreed package of care for Mrs X; providing DPs for her to recruit a PA to meet her needs. She signed a DP agreement.
Mrs X had declined agency care as an alternative to DPs. The Council had advised her if she widened her criteria for a PA, this could increase the chance of finding one.
Mrs X later contacted the Council again asking for DPs to fund her children’s taxis to school. The Council declined and repeated its position that it was not in line with her support plan. Records show it discussed it with her and Mrs X understood and said she would continue to pursue a PA from abroad.
At the end of 2022, the Council received a referral for bath equipment for Mrs X. It called her to discuss and ordered items to assist her. In a follow up call, Mrs X confirmed she received the items and did not raise any further concerns.
In early 2023, the Council could not reach Mrs X through the phone to discuss her DPs. It wrote to her to advise her it would close her account as she had not used her DPs for two years and it had declined her previous requests to use them for her children’s taxis. Six weeks later, the Council closed her DP account.
Mrs X’s complaint At the end of August 2023, Mrs X contacted the Council. She had concerns about the legitimacy of a call she received from someone asking about her DP account.
Mrs X then made a complaint to the Council. She said two months previously, her DP support worker said she would be allocated a new case worker. She had not heard back. She added the Council had neglected her for years and she received no support.
The Council responded to her complaint. It noted its efforts to advertise a PA with little success. It had closed her DP account in March 2023 and it removed the advert for a PA the same day. A new DP support worker had not been allocated as the service had been cancelled.
Mrs X said to me she had complained previously in 2021 about her care. In response to my enquiries, the Council said it had no record of a call from it to Mrs X in August 2023 or a previous formal complaint in 2021.
Analysis It appears the main concern for Mrs X throughout the above period was her desire to use her DPs to fund taxis for her children to school. Prior to 2020, she used her DPs for this. The Council made the decision to end these as it was not in line with her assessed eligible needs in her care plan. It then later agreed with Mrs X to reinstate DPs for her to hire a PA to help with her daily needs and parenting responsibilities.
Mrs X has not used the DPs since as she did not recruit a PA. DPs enable individuals to have choice and control to arrange their own care and support and it was open for her to do so. The Council supported by publishing an advert and gave advice where it could to Mrs X, including its view she may be limiting potential applicants as she wanted a PA with certain requirements. While Mrs X asked for assistance for visa applications and the Council said it was unable to; it does not have a duty to do this and is not fault.
Records show the Council did appropriately consider whether Mrs X’s needs were being met without a PA in place in the meantime. It had periodic contact with her in the last few years where it raised this with her when reviewing progress. The Council noted her repeated request for how she used her DPs (already considered above). It offered other options, such as agency care, which Mrs X declined. That was her choice. She said her eldest child was supporting her but received support as a carer and other family members helped when needed. The records show she did not raise issues about accessing her DP account or said she no longer wanted them. Nor did she ask for help or changes with specific care for any unmet or outstanding needs. In my view, based on this, the Council satisfied itself Mrs X did not request for further assistance relating to care for her or her family. I do not find fault.
The Council wrote to Mrs X to advise her it would close her DP account. It appears Mrs X did not respond, and the Council proceeded on that basis. Its decision is in line with Care and Support Statutory Guidance (referred to in Paragraph 9) and the expectation is for an individual to work within the agreed DP funding arrangements. DPs should only be used to meet the agreed needs of the support plan. Mrs X’s requests were not in line with this, and the Council’s position has remained the same throughout. She had not used the DPs for years. It appropriately considered these points in its decision making and is a decision it is entitled to make. I do not find fault by the Council.
I recognise Mrs X has felt unsupported by the Council for a long period. However, on balance, I do not have significant concerns with the Council’s actions or consider it amounts to fault. While it is not part of Mrs X’s complaint or this investigation, I would hope the Council considers taking steps to engage with Mrs X to review her current situation with care and consider if it can make any other arrangements for her going forward, if she wishes.
Final decision
I do not uphold the complaint as I did not find fault with the Council’s actions. I have completed my investigation.
Investigator's decision on behalf of the Ombudsman