The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decisions to stop her child’s direct payments for social care provision. This is because there is insufficient evidence of fault with the Council’s decision not to escalate her complaint from 2023, and because her recent complaint is still being considered by the Council.
The complaint
Ms X complains that the Council has removed her disabled son’s social care direct payments despite upholding a similar complaint in 2023.
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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)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
In 2023, the Council considered a complaint from Ms X which included concerns about how her son’s direct payments for social care provision were managed. The Council upheld the complaint at stage two of the statutory children’s complaints procedure and advised her how she could escalate the complaint to stage three.
Ms X asked the Council to escalate her complaint in January 2025, complaining that the Council had stopped the direct payments again in September 2024. The Council refused to escalate her previous complaint due to the amount of time that had passed. However, it is currently considering a new complaint from Ms X.
I will not investigate Ms X’s complaint that the Council refused to escalate her complaint from 2023 to stage three of the statutory children’s complaints procedure. This is because there is insufficient evidence of fault in its decision not to progress the complaint due to the amount of time passed. We will also not investigate what happened in 2022/2023 because the issues raised happened too long ago and I see no reason why she could not have complained to us sooner.
I will not investigate Ms X’s complaint that the Council stopped her son’s direct payments in 2024. This is because Ms X has raised a new complaint with the Council, and it is currently considering. Ms X can raise a new complaint with the Ombudsman if she is dissatisfied with its final response.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault with the Council not escalating her complaint from 2023 and because her new complaint is premature.
Investigator's decision on behalf of the Ombudsman