The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to implement the recommendations we made following a previous investigation, and that the financial assessment is wrong. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains the Council failed to implement the recommendations made by the Local Government and Social Care Ombudsman. He complains the financial assessment completed by the Council is wrong.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We previously investigated a complaint by Mr X and in a final decision statement in September 2021, we made some recommendations for the Council to complete.
We reviewed the Council’s compliance with our recommendations and was satisfied the Council had completed the recommendations in January 2022.
Mr X has made a new complaint as he is unhappy with the Council’s review and financial assessment. He complains the Council has not allowed all the disability related expenditure (DRE) he asked for. He also considers he should not have to pay anything towards the cost of his care and support.
The Council has provided Mr X with a detailed explanation for how it considered the requested DRE. The Council has used its discretion to allow for some of the requested DRE and provided reasons for why it has not agreed to the others.
Further, the Council has explained its consideration of the other matters we asked it to consider and provided its reasons for its decisions.
Therefore, I will not investigate this complaint as there is insufficient evidence of fault to justify an investigation. This is because the Council has shown proper consideration of the matters we asked it to review, and it is entitled to make its decision.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman