Summary: We have upheld this complaint because the Council delayed reviewing Mr Z’s short break provision. The Council has agreed to resolve the complaint by offering to make a suitable payment to the complainant to remedy the injustice this caused.

The complaint

1. Mr X complains that the Council failed to review his son Mr Z’s short break provision and has failed to commit to reviewing it again for the following year.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. If we were to investigate this complaint it is likely that we would find fault. This is because the Council agreed to 50 nights short break provision in August 2023, and this ran until August 2024. However, there was a delay in renewing the provision meaning funding wasn’t in place until November 2024. This has meant Mr X went without provision and caused distress to he and his family.
7. I therefore asked the Council to write to Mr Z within one month to apologise for the delay and to offer a payment of £300 to remedy the distress this has caused. To its credit, the Council agreed.
8. Mr X also wanted the Council to commit to automatically renewing the provision. I will not investigate this element of Mr X’s complaint. The Council committed to reviewing the provision before it expires in March and has now done so. We cannot ask the Council to automatically renew the provision as this would not be in line with its policy. Investigating this element of Mr X’s complaint would therefore not lead to a different outcome.
9. Finally, Mr X has also complained that the Council are currently investigating the use of Mr Z’s direct payments. I will not investigate this element of Mr X’s complaint because this will first need to be raised with the Council via its complaints process. Once that process is complete may wish to raise a new complaint with the Ombudsman to consider this matter separately.

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Final decision

10. We have upheld Mr X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy.

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Investigator's decision on behalf of the Ombudsman