Summary: We will not investigate Ms C’s complaint about the Council’s refusal to provide her son, Mr B, with a commissioned care package rather than Direct Payments. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Ms C says the Council’s refusal to provide her son, Mr B, with a commissioned package of care has resulted in him lacking trust in his carers, refusing care and being without the support he has been assessed as needing. Ms C says the Council has not properly considered her complaint and Mr B should be compensated for the Council’s failures.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council responded to Ms C’s complaint. It explained Mr B had withdrawn his consent to share his data with other agencies and services and had refused to communicate with his practitioner. It explained direct payments are usually offered in the first instance, but a commissioned service can be arranged if a person does not want a direct payment to arrange their own care package The Council explained Mr B’s contribution towards his care package is subject to a financial assessment and attached factsheets on the financial assessment and Disability Related Expenditure (DRE) for Ms C to complete on Mr B’s behalf. The Council explained although Mr B had previously received access to mental health support whilst under the Children’s Services, this is a service which can be provided by the NHS but is not funded through Adult Care Services.
6. We could not add to this even if we investigated. Mr B can ask the Council to provide him with a managed package of care if he does not want a direct payment. Mr B will still need to give his consent to the provider of the managed service so it can share information with other agencies who may be able to support him to access the support services he has been assessed as needing.
7. Ms C complained the Council has not responded to her complaints within its statutory process. Where the substantive matters do not themselves warrant investigation, the Ombudsman will not normally consider how the Council has responded to a complaint about them. That is the case here.

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Final decision

8. We will not investigate Ms C’s complaint because we could not add to the Council’s response or make a different finding even if we investigated. There is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman