The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council ended direct payments for his daughters’ care and support without following the correct process. This is because the issues could reasonably be or have been mentioned as part of legal proceedings on a closely related matter.
The complaint
Mr X complains the Council ended direct payments for his daughters’ care in June 2023 without adopting the correct procedure. He says this left his daughters without their assessed care needs being met and he has had to arrange and pay for care in the meantime.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), 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
Mr X is in the process of pursuing a legal claim against the Council for an underpayment of direct payments to one of his adult children. Part of the Council’s defence to this claim are the circumstances which led to its termination of direct payments for both of Mr X’s adult children in April 2023.
It follows that the issues Mr X has complained of could reasonably be or have been mentioned as part of legal proceedings. I will not investigate his complaint as this would risk stepping into the court’s jurisdiction.
Final decision
We will not investigate Mr X’s complaint because the issues could reasonably be or have been mentioned as part of legal proceedings on a closely related matter.
Investigator's decision on behalf of the Ombudsman