The Ombudsman's final decision
Summary: Mrs X has complained about the Council’s handling of direct payments for her son, Mr Y. I have discontinued my investigation into Mrs X’s complaint because the Council has now resolved the issue and no worthwhile outcome can be achieved by our investigation.
The complaint
Mrs X complains about the Council’s handling of direct payments for her son, Mr Y’s care. Mrs X says the Council has unreasonably refused to increase her son’s direct payment funding to give his carers a pay rise, which they have not had for a number of years. Mrs X is concerned about the impact on Mr Y if his carers resign.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I have spoken to Mrs X and considered the information she has provided.
I have considered the information the Council has provided in response to our initial enquiries.
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
Mrs X’s adult son, Mr Y, receives help from the Council via a care and support plan. The Council provides funding through direct payments to enable Mr Y to purchase the support he needs. Mrs X and her husband help Mr Y with managing these direct payments and the wages paid to personal assistants who support Mr Y.
In May 2023, Mrs X made a complaint to the Council about the rate of direct payments Mr Y received. She said the amount of funds provided had not changed for a number of years, which meant Mr Y’s current team of staff had not received a pay increase since 2016.
The Council responded to Mrs X’s complaint in early August 2023. It explained it had reviewed Mr Y’s care and support package and found no changes were needed. The Council explained it already honoured a slightly higher hourly rate for Mr Y’s carers than its current direct payment rate. The Council said there were no grounds for a further increase in the amount of funding provided.
Mrs X brought her complaint about the Council’s handling and decision to us in late November 2023 because she remained dissatisfied.
When I spoke with Mrs X in early March 2024 about her concerns, she told me that since making her complaint to us, the Council had reconsidered its position and increased the amount of direct payments so pay increases could be given to Mr Y’s team of carers.
In response to my draft decision, the Council has explained it completed a full review of Mr Y’s care package and identified a shortfall in the overnight rate it paid in this case, which it has now rectified and has led to the increase in direct payment.
Mrs X has confirmed the Council has resolved her concerns. Regardless of the reasons for this, there are no further grounds under which it would be proportionate or reasonable for us to continue to investigate this complaint. I have therefore discontinued my investigation as we cannot achieve anything further for the complainant.
Final decision
I have discontinued my investigation. The Council has taken action which has resolved the complainant’s concerns and no further action by the Ombudsman is needed.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman