Summary: We will not investigate Mrs C’s complaint about the Council’s refusal to fund an annual holiday for her son, Mr B. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Mrs C says the Council should agree to fund an annual holiday for her son, Mr B, as it has a duty of care to under the Care Act 2014 to meet his mental and emotional wellbeing.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council explained Mr B’s care and support needs are all met under his current care and support plan. It said activities within his residential care setting adequately meet his needs which include swimming, rambling, drives out, sensory sessions, arts and crafts, park visits and family visits. The Council says if Mr B has additional available funds to pay for a holiday it will work together with Mr B’s care provider to look at ways his care and support needs can be met.
6. The Council has confirmed Mr B’s care and support needs are all met as identified in his care and support plan and we could not say there is evidence of fault. In the absence of fault, we cannot comment on the decisions taken by the Council even if a person disagrees with them. That is the case here.
7. Mrs C says the Council has failed to work with Mr B’s care provider and has refused to fund the staff costs he needs when away from his home. Mrs C is also unhappy with the way she has been treated and spoken to by council staff. I have not considered these points. Mrs C will need to raise these as a formal complaints with the Council before we can consider this. When the Council has finished considering her complaint it will advise Mrs C of her right to come to the Ombudsman. We can then consider whether there is any fault with the Council’s actions.

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Final decision

8. We will not investigate Mrs C’s complaint because there is not enough evidence of fault with actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman