The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to suspend the complainant’s direct payment package. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, Mr X, complains that the Council has suspended the direct payments it makes to provide services for his daughter.
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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s daughter is a child who qualifies for the provision of services by the Council. The Council discharges its duty by making direct payments to Mr X, who uses them to employ a personal assistant for his daughter.
Mr X complains that the Council has suspended the direct payments without proper notice. He says that, as a result, he cannot pay his daughter’s personal assistant. He wants the payments reinstated.
The correspondence Mr X has provided shows that the Council has suspended the direct payment account due to concerns about its misuse. The Council says it made attempts to address the matter with Mr X before taking the decision to suspend. It says the personal assistant should no longer be providing the service. Mr X denies the Council contacted him as it states.
The Ombudsman will not investigate Mr X’s complaint. It is not for us to comment on whether the direct payment package should have been suspended. The Council has the right to take the action it did if it suspects misuse has taken place. I note that the matter is being investigated as possible fraud, and we would not comment advance of the outcome.
The Council’s correspondence sets out the requirement to reassess Mr X’s daughter’s needs and asks him to engage in the process. The response is reasonable in the circumstances and there are no grounds for the Ombudsman to intervene.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman