The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with disability related expenditure in the financial assessment process. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Miss X complains about the Council’s decision not to allow her requested expenses as Disability Related Expenditure (DRE). She says this means the Council has assessed her as having to pay more towards the cost of her care than she feels she should.
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 may decide not to continue with 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
Miss X receives care and support. Councils must assess Miss X’s finances to decide what contribution she should make to a personal budget for care. If a person incurs expenses directly related to any disability they have (DRE), the Council should take that into account when assessing their finances. (Care Act 2014 Department for Health, ‘Fairer Charging Guidance’ 2013, and ‘Fairer Contributions Guidance’ 2010) Miss X provided the Council with the list of expenses she wanted the Council to accept as DRE and explained why she considered the expenses related to her disability.
The Council has considered Miss X’s request and explained why it does not consider the items she wants are expenses which she incurs due to her disability. There is no evidence of fault in the way the Council considered Miss X’s request for DRE.
Although we recognise Miss X’s disagrees with the Council’s decision, as the Council has properly considered her request, this is a decision the Council is entitled to make.
Therefore, I will not investigate this complaint as there is insufficient evidence of fault to justify an investigation.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman