The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council incorrectly calculating Disability Related Expenditures in its financial assessment. This is because there is insufficient evidence of fault.
The complaint
Mr X complains the Council has failed to correctly assess his sister’s request for Disability Related Expenditures (DRE) and include all her expenses.
He says this has led to her having to pay more for her care than she can afford to.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s sister receives care and support. The Council completed a financial assessment in September 2024, and it decided she should pay £99.31 for her care. Mr X feels the Council is charging more than she can afford to pay. He says this means she can no longer afford activities and may have to consider other cuts.
In his application for DRE Mr X asked the Council to consider her increased car fuel expenditure, holidays, therapies and days out. He complains the Council has not correctly considered her car fuel expenditure and annual memberships.
The Council at first did not agree to car fuel costs as his sister receives a Personal Independence Payment and her costs did not exceed this. When it reviewed the appeal, it awarded car fuel costs. Mr X does not agree with the Council’s calculations.
The Council did not agree to pay for days out as it considered these general living expenses. Mr X did not ask the Council to reconsider this in the appeal.
We will not investigate Mr X’s complaint. We are unlikely to find fault because the Council has completed the financial assessment in line with guidance and properly considered the evidence provided. I am also satisfied the Council has given Mr X a clear explanation of how it has considered the transport costs and why it chose not to include payments for days out. It is reasonable for the Council to decide an expenditure does not amount to a DRE. Mr X had the chance to appeal the decision but chose not to do so.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman