Summary: We will not investigate this complaint about the Council’s financial assessment of Mr X’s disability related expenditure. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs Y complained on behalf of Mr X that the Council has not properly considered his disability in its assessment of Mr X’s disability related expenditure.

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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))

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How I considered this complaint

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

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My assessment

5. Mrs Y complained the Council has failed to properly consider Mr X’s disability in its assessment of his disability related expenditure (DRE). She said she was not told she would need to retain receipts and appealed the assessment.
6. The Council listed the expenses Mrs Y cited and provide reasons for why these costs were not considered DRE. The Council asked Mrs Y on several occasions to provide evidence of the costs she referenced but was unable to include them in the assessment when she did not supply them. The Council did not uphold her appeal.
7. Mrs Y remains unhappy with the Council’s actions and wants us to find it at fault. I cannot know whether the Council informed Mrs Y she would need to retain receipts but given the evidence shows the Council repeatedly asked Mrs Y for information and receipts regarding Mr X’s costings, it seems likely this was discussed. The evidence shows the Council considered Mrs Y’s appeal and additional information in line with the required policy and provided sound reasons for its assessment. As there is no evidence of fault in the Council’s decision making, the Ombudsman cannot question the merits of the outcome. An investigation into this matter would be unlikely to result in finding fault with the Council’s actions.

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Final decision

8. We will not investigate Mrs Y’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman