Summary: We will not investigate Ms X’s complaint about the care and support provided by the Council and direct payments. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has not provided the support required to meet her needs and tried to force her to accept direct payments for her to arrange her own support.

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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), 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. A council has a duty to arrange care and support for those with eligible needs. A council can choose to charge for non-residential care following a person’s needs assessment.
6. In its complaint response, the Council confirmed it had discussed direct payments with her during its assessment of her needs. It said it respected her decision to decline this option.
7. It has told us that it completed a Care Act needs assessment with Ms X in October 2025, which identified that she had eligible care needs. It said Ms X declined support with personal care or meal preparation at that time and told the Council she would re-consider this, once ongoing housing adaptations were complete. It said it did arrange for a cleaning service for Ms X but she later asked for this to stop, as she told the Council she could not afford her assessed personal contribution.
8. It reviewed Ms X’s care and support again in March 2026. The review identified that Ms X had eligible care and support needs. It said Ms X did ask the Council again for support with cleaning but then later declined the service, saying that she could not afford the assessed personal contribution.
9. We will not investigate this complaint. I have seen no evidence the Council forced Ms X to accept direct payments or that a direct payment arrangement was put in place against her wishes. The Council agreed to provide three-monthly cleaning support for Ms X, and it was Ms X’s decision to decline this. Although I acknowledge Ms X’s view that she declined the support because she could not afford to pay her assessed contribution, the law allows councils to ask a person to pay towards the cost of their care. There is insufficient evidence of fault to warrant an investigation.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman