The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision about how a direct payment has been used. There is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains the Council has asked his son to repay a direct payment to the Council. He says the money has been used in a way which was agreed by the Council.
Mr X would like the Council to change its decision that the money has not been used as agreed.
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
The Council carried out a financial assessment and concluded that the direct payment made to Mr X’s son had been used inappropriately and asked that it be re-paid.
Mr X complained and said the Council should have applied more flexibility as to how the direct payment could be used.
The Council has considered the way the payment was used, made a decision that it is not in accordance with what it had agreed with Mr X, and asked that it be re-paid. This is a decision the Council is entitled to make.
There is no evidence that there is fault in the way the Council made its decision.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman