The Ombudsman's final decision
Summary: We cannot investigate this complaint about direct payments. This is because Ms Y is not complaining as a member of the public.
The complaint
Ms Y complained the Council failed to pay direct payments to parents of a child with an Education, Health and Care (EHC) plan. This has meant her invoices, as the child’s speech and language therapist, have not been paid for or have been paid significantly late after Ms Y has chased the Council repeatedly.
Ms Y says this is damaging to the therapeutic relationship for the child, embarrassing for the parent and causes her financial difficulties.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We can only accept complaints from members of the public or their authorised representatives. (Local Government Act 1974, section 26A, as amended)
How I considered this complaint
I considered information Ms Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman investigates complaints about brought by members of the public. Ms Y has complained in her capacity as a speech and language therapist. She is therefore complaining in her professional capacity and not as a member of the public who has a direct relationship with the Council for this complaint. Consequently, we cannot investigate.
Final decision
We cannot investigate Ms Y’s complaint because Ms Y is not complaining as a member of the public.
Investigator's decision on behalf of the Ombudsman