The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about the Council’s refusal to agree to fund short breaks for her and her husband. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.
The complaint
Mrs B complained the Council refused to fund short breaks so she and her husband, Mr B, can access leisure facilities in the community and maintain a personal relationship away from the usual care environment. Mrs B says the Council’s offer of a sitting service for Mr B to have a break from his caring responsibilities is not sufficient to meet his wellbeing needs.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says Mrs B’s care package increased in July 2023 to meet her assessed care and support needs. The Council confirmed what her direct payment can be used for and clarified what it cannot be used for. It explained other benefits such as DLA or PIP can be used to fund costs such as holidays.
The Council has explained what Mrs B can and cannot use her direct payments for and clarified this does not include short breaks for her and her husband. It has explained other benefits which can be used for such purposes. We could not add to this or make a different finding. While Mrs B wants the Council to agree to funding short breaks for her and her husband, its refusal to do so is not fault.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.
Investigator's decision on behalf of the Ombudsman