Summary: The complainant, Ms X complains about the Council’s management of services she received from the Council and changes to the funding of those services. Information recently received from Ms X shows she may not be entitled to Council funded services and therefore the Council issued a notice withdrawing its funding. The Ombudsman discontinued his investigation because he is unlikely to find fault or injustice if Ms X cannot show she is entitled to receive, or the funding for, the services about which she complained.

The complaint

1. The complainant whom I shall refer to as Ms X complained the Council failed to:
• Provide support to meet Ms X’s assessed needs having reduced support from that previously given;
• Properly involve Ms X in the decision to move her from direct payments to a managed account;
• Properly involve Ms X in the decisions to move from direct payment support to reablement support and consider the likely impact on her of these changes;
• Properly manage the transfer of a managed account resulting in a cancellation of direct payments during the process replacing that support with inappropriate reablement support.
2. Ms X says this caused avoidable anxiety and stress and wants the Council to restore the provision it removed.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. In considering this complaint I have:
• Read the information presented by Ms X;
• Put enquiries to the Council;
• Shared with Ms X through her representative and the Council a draft decision giving them an opportunity to comment. I have considered any comments received before issuing this decision.

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What I found

6. Ms X complained about the changes to the Council’s services and direct payments she received to meet her assessed needs. Ms X said the Council withdrew funding leading her to lose the help of a trusted personal assistant.
7. A recent financial assessment has resulted in the Council giving notice that Ms X has no right to Council funding and therefore it is withdrawing that funding. The Council says the information now received suggests Ms X did not qualify for funding previously.

Analysis

8. I must consider if given the new information I can continue with my investigation and make a sound decision. The recent information suggests Ms X may not have a right to the funding about which she complains. I cannot decide Ms X’s right to the funding. However, if Ms X has no right to the funding, Ms X can have no complaint about its reduction. Therefore, I am discontinuing my investigation because I am unlikely to find fault or injustice.

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Investigator's decision on behalf of the Ombudsman