Summary: We will not investigate Mr X’s complaint about the Council’s decision not to retrospectively fund PA support for his daughter, Miss X, during a family holiday abroad. This is because an investigation by this office would not be able to add to the response already provided via the Council’s previous investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision not to fund PA support his daughter, Miss X, received during a family holiday abroad.

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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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains on behalf of his adult daughter, Miss X. He is her deputy. Miss X receives a direct payment from the Council.
7. Mr X complains about the Council’s decision not to fund Miss X’s PA support during a family holiday abroad from October to November 2021.
8. In September 2021, Mr X asked the Council whether he could receive Miss X’s contingency funding to pay for PA support during the planned holiday. The Council explained the respite funding was in place to provide Miss X with PA support in the UK whilst Mr X was on holiday and that this could not be paid directly to Mr X. It explained it would not fund a family member to provide PA support during a holiday. It set out what information Mr X would need to provide should he source PA support abroad so that it could arrange invoices to be paid via direct payment.
9. The Council’s complaint response to Mr X reiterated the information it provided in September and said it had not received information from Mr X about who he was employing to provide the PA support prior to the holiday. It said it had previously explained that funding needed to be agreed by funding panel prior to any holidays taking place and that it could not be funded retrospectively. It also set out what information Mr X needs to provide prior to any future holidays for it to be able to consider a funding request for PA support abroad.

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Final decision

10. We will not investigate Mr X’s complaint. This is because an investigation by this office would not be able to add to the response already provided by the Council via its previous investigation of the matter.

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Investigator's decision on behalf of the Ombudsman