Summary: We will not investigate Mr X’s complaint about poor communication and not providing enough funding for care. There is not enough evidence of injustice to justify an investigation.

The complaint

1. Mr X complains the Council failed to provide satisfactory funding for his care. He says the Council continually asked for financial information even though he had no support. He complains about poor communication and defamatory statements.

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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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

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

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My assessment

5. Mr X complained to the Council that it had failed to provide acceptable funding for his care. He said the Council continually asked for financial information even though he had no support. The Council said it asked Mr X to provide financial information and offered to help him complete the form. It explained that without this information it would expect him to pay the full cost of his care. This is in line with its charging policy and legislation. It also carried out an assessment of his needs and increased direct payment hours.
6. Mr X complains about poor communication, and particularly a comment made by a worker in 2023. He complains his notes say he is unwilling to co-operate with professionals. The Council said it is open and transparent and will not remove the statement from his file. It said if a worker says something Mr X disagrees with he requests a new worker and this is not the best way of working. Mr X refutes this. I do not consider there is any evidence this comment causes Mr X injustice significant enough to justify an investigation by the Ombudsman.
7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. I consider any injustice is not significant enough to justify an investigation by the Ombudsman.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice he has suffered if not significant enough to justify an investigation.

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Investigator's decision on behalf of the Ombudsman