Kirklees Metropolitan Borough Council (24 011 237)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 18 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council reneging on an agreement to pay her a higher pay rate as a respite carer. This is because the tests set out in our Assessment Code are not met. The Council has investigated and apologised for providing incorrect information. This is satisfactory and we are unlikely to add anything by investigating.
The complaint
- In summary, Mrs X complains that the Council has reneged on an agreement to pay her as a respite carer at the ‘direct payment’ carer pay rate rather than the lower ‘shared lives’ carer pay rate. She would like the Council to pay her as she was originally informed.
The Ombudsman’s role and powers
- 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- We do not start or continue an investigation if we decide we could not add to any previous investigation by the organisation (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has investigated Mrs X’s complaint. It has apologised for any ‘confusion or inconvenience caused’ for not clearly explaining the rates of pay. And it confirms the rate of pay, Mrs X will be paid at, is in line with its commissioning guidance, so it cannot be changed.
- We will not investigate. This is because we are unlikely to add to the Council’s investigation. The Council has identified the error, confirmed that Mrs X will be paid according to its policy and provided a remedy in the form of an apology. This is in line with the Ombudsman’s guidelines for investigating complaints.
Final decision
- We will not investigate Mrs X’s complaint because it does not meet the tests set out in our Assessment Code. We are unlikely to add anything to the Council’s investigation.
Investigator's decision on behalf of the Ombudsman