Summary: We will not investigate Miss X’s complaint about how the Council carried out an assessment and ended direct payments. This is because there is not enough evidence of fault.

The complaint

1. Miss X complains about how the Council carried out a Care Act assessment and decided to end the direct payments arrangement Miss X was using to pay for her care. She also complains the Council failed to make reasonable adjustments.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complained to the Council about delay in completing her Care Act assessment. She also said it contained inaccurate information.
6. Emails between the Council and Miss X show the Council sent a draft assessment to Miss X. Miss X asked for more time to make amendments but did not provide these to the Council for some months.
7. Miss X also complained about the Council’s decision to end the direct payments arrangement. She says the Council did this before it had finished considering her complaint.
8. The Council explained that Miss X had not adhered to the terms and conditions she signed when the payments were set up. It offered to help with alternative arrangements to ensure continuity of care. It stated in its complaint response it had finished considering her complaint and would end the arrangement in four weeks.
9. Miss X complained the Council did not make reasonable adjustments for her. The Council explained the reasonable adjustments she was seeking were not compatible with using direct payments to arrange care and offered other services it said were more suitable for her.
10. I will not investigate this complaint. Miss X has complained about delay and inaccuracy in the assessment, but from the evidence I have seen, Miss X sought more time to review the assessment on several occasions.
11. The Council ended the direct payments arrangement because Miss X was asking for reasonable adjustments, including help to source carers, and to complete the administration. These adjustments are not compatible with direct payment arrangements. The Council told Miss X about alternative options available to her.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman