The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to remove transport funding from her relative, Mr Y’s, personal budget. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mrs X complains the Council has removed funding for transport to a community group from her relative, Mr Y’s, personal budget. She says this has caused distress. She wants the Council to reinstate the funding to pay the full cost of the transport.
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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 updated its Adult Social Care Transport Policy in 2022. The policy says: People who receive PIP mobility are expected to use this towards their transport costs.
Where people occur additional expenses for transport related to their disability, this will be considered in the financial assessment process and allowances made as appropriate.
The Council reviewed Mr Y’s care needs in 2023. It agreed to continue to fund a community group which Mr Y attended three times a week. However, as Mr Y receives PIP mobility benefit, it decided it would no longer fund the transport to this group. It advised Mr Y he would need to use his PIP mobility towards the cost of the transport and could ask for the additional costs to be taken into account during the financial assessment.
The Council considered transport costs as part of Mr Y’s financial assessment and agreed an allowance for this as disability related expenditure.
We will not investigate this complaint as there is insufficient evidence of fault. The Council appears to have followed its policy in reaching its decisions. Although Mrs X disagrees with the decisions, there is insufficient evidence of fault in how they were reached and so we cannot question the outcome.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman