Summary: The Ombudsman will not investigate Ms X’s complaint about a delay in issuing her with a carer’s wellbeing payment. This is because there is not enough evidence of fault to warrant an investigation by the Ombudsman.

The complaint

1. The complainant, whom I shall call Ms X, complains a carer’s assessment was completed in December 2018. But Ms X says she did not receive her carer’s wellbeing payment until October 2019. Ms X says she now must wait until October 2020 before she can apply for another wellbeing payment. Ms X says she has been financially disadvantaged. Ms X also says she has not received a copy of her carer’s assessment from 2017 – despite asking the Council for a copy.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection or access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. The Council has responded to Ms X’s complaint. It has explained a carer’s review took place in February 2018, which coincided with the launch of wellbeing payments for carers. Ms X received such a payment in April 2018. A further carer’s review took place in October 2019. New funding was available, and Ms X received a further wellbeing payment. The Council says Ms X has had two assessments and received two payments. She has not missed out on any payments and has not been financially disadvantaged.
6. Based on the evidence available there is not enough evidence of fault by the Council to warrant an investigation. If Ms X thinks the Council is withholding information she is entitled to, then she can make a formal Subject Access Request. If the Council does not respond to her request, or she is unhappy with what the Council says, the ICO is in a better position than the Ombudsman to deal with this issue.

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Final decision

7. The Ombudsman will not investigate Ms X’s complaint. This is because there is not enough evidence of fault to warrant an investigation by the Ombudsman

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Investigator's decision on behalf of the Ombudsman