Summary: We will not investigate this complaint about the Council’s decision not to fund an additional day of care services for Mr X’s daughter, Ms Y. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained on behalf of his daughter Ms Y that the Council refused to fund an additional day of care services on the basis that it was too expensive. Mr X complained the Council’s decision has caused Ms Y distress and inconvenience.

Back to top

The Ombudsman’s role and powers

2. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating
  (Local Government Act 1974, section 24A(6))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms Y is a young adult who requires 1-1 support due to various learning difficulties. The Council funds one day at a placement for Ms Y. Mr X told the Council Ms Y was struggling with leaving the placement and would benefit from an extra funded day there.
7. The Council told Mr X the placement was too expensive and to consider other options. Mr X was unhappy with this and the Council held two panels where it considered the request. The panel concluded there was no demonstrated need by Ms Y which justified an additional day and the funding would be too expensive. The Council also carried out a review and found there was no change to Ms Y’s level of need.
8. Mr X wants us to find the Council at fault for failing to agree to fund an additional day at the placement for Ms Y. The law requires the Council to carry out an assessment for a person with the appearance of need for care and determine what those needs are. The Council has carried out a review of Ms Y’s needs and found her needs are being met by her current placement, and so we would be unlikely to criticise the Council’s decision as there is no evidence which proves otherwise.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman