The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision to stop her direct payments. The Council has since re-assessed Ms X’s needs and agreed to re-start the direct payment to meet Ms X’s care needs. An investigation by us would be unlikely to achieve anything more.
The complaint
Ms X complains the Council failed to consider her exceptional circumstances before deciding to end a direct payment which enabled a relative to provide her care and support. She says the commissioned care package the Council offered as an alternative does meet her needs. She wants the Council to agree to re-start direct payments and to agree that her relative can provide the care.
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 further investigation would not lead to a different outcome.
(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
Since bringing the complaint to us, the Council has completed a re-assessment of Ms X’s care and support needs. It has agreed to provide the direct payment and for Ms X’s relative to provide her care and support.
We will not investigate this complaint. The Council has now agreed the direct payment for Ms X’s care and support, which is what Ms X wanted. An investigation by us is unlikely to achieve anything more.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to achieve anything more.
Investigator's decision on behalf of the Ombudsman