The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with X’s backdated direct payments because there is insufficient evidence of fault to justify an investigation.
The complaint
Ms A complained about the way the Council has dealt with her child’s direct payments. She would like the Council to reconsider its approach.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms A’s child, X, receives direct payments as part of the Council’s care package. The payments are in part for payment to Ms A and another as X’s personal assistants.
The Council agreed to make a back payment for the direct payments but asked that Ms A and the other personal assistant seek legal advice and sign a written agreement as to the hourly rate the Council would pay.
Ms A complained the Council’s requirements were offensive, so the Council should make the payment without insisting on them.
The Council responded to explain it has acted in accordance with legal advice to ensure that it is complying with its policy.
Although Ms A does not agree with the Council’s requirements, this does not mean the Council is at fault.
The Council has explained the reasons for its requirements to Ms A.
There is not enough evidence the Council is at fault here to justify an investigation.
Final decision
We will not investigate X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman