Summary: We will not investigate Mrs X’s complaint about care support and transport for her son, Mr Y. This is because there is not enough evidence of fault.

The complaint

1. Mrs X complains the Council has reduced Mr Y’s support hours. Mrs X also complains the direct payment provided to cover travel costs is insufficient. Mrs X wants a reassessment of Mr Y’s needs and a transport service put in place.

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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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including Mr Y’s Care Plan.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A council has a duty to provide a care and support plan where it identifies an adult has eligible care and support needs. The care and support plan should set out what the person’s needs are, and the care and support required to meet those needs.
7. Direct payments are payments made to individuals to meet some or all their eligible care and support needs. They enable people to arrange their own care and support to meet their needs.
8. The Council reviewed Mr Y’s care needs in November 2023. Records show Mrs X was no longer able to help him access the community. The Council assessed Mr Y as needing two days’ access to a day centre per week and agreed a direct payment of £10 per journey for transport.
9. Mrs X wanted Mr Y to continue attending a provision three days per week, but it is up to the Council to assess Mr Y’s needs. It considered 2 days to be sufficient.
10. Mrs X was also unhappy as £10 per journey would not cover the full cost of transport. However, the Council explained this would be enough to attend local day centre(s). It therefore met Mr Y’s assessed needs. While Mrs X wanted Mr Y to attend a day centre further away, the Council had no obligation to fund longer journeys.
11. I will not investigate as there is not enough evidence of fault in the Council’s decision making.

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Final decision

12. I will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman