The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s refusal to fund additional respite hours and that is has failed to make guarantees about future care. This is because there is no evidence of fault, and we could not add to the investigation carried out by the Council.
The complaint
Ms X complains that Council refused to fund extra respite hours and will not make guarantees about care for her sister Ms Z in the future.
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, or we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X is a carer for her sister Ms Z. The Council funds seven nights of respite care for Ms Z a month.
The Council completed a Care Act review in March 2023 and a Carer’s Assessment in November 2024.
Ms X asked the Council to fund an extra seven nights of respite per month. She also asked for a guarantee that her sister could keep attending day care if she moves to Shared Lives accommodation.
The Council refused the request, saying it could not approve such a large increase in respite. It said the outcome of such a decision would prove disruptive to Ms Z and also that that it must balance meeting eligible needs with its financial and budget limits.
The Council also said it had made no changes to Ms Z’s care needs and that it cannot make any guarantees about possible future changes.
I will not investigate Ms X’s complaint about how the Council considered her request for increased respite provision. The Council considered relevant information and guidance before making its decision which it has fully justified. I can see no evidence of fault in how the Council made its decision, so cannot question the outcome.
I will not investigate Ms X’s complaint that the Council will not make guarantees about possible changes to Ms Z’s care needs in the future because any potential changes are speculative so we could not add to the response provided by the Council.
Final decision
We will not investigate Ms X’s complaint. This is because there is no evidence of fault, and we could not add to the investigation carried out by the Council.
Investigator's decision on behalf of the Ombudsman