Summary: We will not investigate this complaint about the Council’s handling of Ms X’s care support. This is because there is not enough evidence of fault.

The complaint

1. Ms X complains the Council restricts her use of her ‘direct payments’. She is also unhappy about the amount of care support she receives and the Council’s poor communication.
2. ‘Direct payments’ is money provided to someone by the Council so they can choose and pay for their own care.

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The Ombudsman’s role and powers

3. 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))
4. We consider whether there was fault in the way an organisation made its decision. 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
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X would like to use her direct payments to employ her family member to care for her. The Council says she cannot do this. The Care and Support (Direct Payments) Regulations 2014 prevent someone using direct payments to employ family members who live in the same household unless the Council considers it is necessary.
9. The Council has considered Ms X’s views and explained why it finds this is not necessary for her care. There is not enough evidence of fault by the Council and therefore I will not investigate further.
10. Ms X has not yet complained to the Council about the number of care support hours she receives. I will not consider this matter as the Council has not yet had the opportunity to investigate and reply.
11. It is not a good use of public resources to investigate complaints about poor communication if we are not investigating the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman