The Ombudsman's final decision
Summary: We will not investigate Mr S’s complaint about the Council’s management of Ms X’s direct payments account. This is because an investigation would be unlikely to result in a different result.
The complaint
Mr S complained on Ms X’s behalf that there are variances between her and sibling Ms T’s direct payments account.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr S and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr S complained to the Council regarding Ms X and her sibling Ms T’s direct payments accounts. He said the Council changed Ms T’s care and support plan and removed direct payments from her account without consulting with them.
The Council acknowledged that it had not acted in line with the correct process and offered Mr S a meeting to discuss Ms X and Ms T’s direct payments accounts along with a fresh care assessment.
Mr S remains unhappy with the Council’s actions. Ms T’s complaint is being investigated by the Ombudsman separately. The evidence does not show the Council has mismanaged Ms X’s account. The Council has offered reasonable actions to ensure Ms X’s account is in order. An investigation into this matter would be unlikely to provide a different outcome.
Final decision
We will not investigate Mr S’s complaint because an investigation would be unlikely to result in a different outcome.
Investigator's decision on behalf of the Ombudsman