Surrey County Council (22 012 885)

Category : Children's care services > Disabled children

Decision : Closed after initial enquiries

Decision date : 17 Jul 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council reducing Miss X’s child’s care package. This is because an investigation would not lead to any different findings or outcomes.

The complaint

  1. Miss X complains about the Council reducing her child’s care package. She said the Council did not explain why it had reduced the care package, despite her child’s needs not changing.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 an investigation if we decide:
  • we could not add to any previous investigation by the organisation, or
  • investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X complained her child, A’s, care and support package was inadequate and that their needs were not being met appropriately. The Council investigated Miss X’s complaint under the statutory children complaints procedure.
  2. Most of Miss X’s complaints were upheld at stage two. Following this, the Council agreed to an increase in A’s care package. Miss X said that she later received a letter from the Council in December 2022 which reduced the agreed care package. She said the Council did not provide any explanation for the reduction.
  3. In response to our enquiries, the Council said the change of the package was a result of an assessment of need. The Council also explained the decision to change the care package was reversed and the reduced care package was not implemented.
  4. Miss X’s complaint was considered at stage three in June 2023. The panel made a recommendation for the Council to make a financial payment of £500.
  5. There is no evidence the stage two investigation and stage three review panel were not completed properly. Where the statutory complaints procedure has been conducted appropriately, the findings of the stage two investigator and stage three review panel will stand as the Ombudsman will not reinvestigate the complaint matters. Instead, we consider whether there are any further worthwhile outcomes that can be achieved from us investigating.
  6. In this case, I am satisfied an investigation by the Ombudsman would not lead to any different findings or outcomes. While I note Miss X is unhappy with the recommendation made, the financial remedy offer is in line with the Ombudsman’s guidance on remedies. Therefore, an investigation by the Ombudsman would not lead to any further recommendations.

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Final decision

  1. We will not investigate Miss X’s complaint because an investigation would not lead to any different findings or outcomes.

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Investigator's decision on behalf of the Ombudsman

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