Summary: We will not investigate Ms X’s complaint about the Council’s decisions on her financial contribution towards her social care. This is because the Council has offered a further financial review which it is reasonable to expect Ms X to use first before the Ombudsman will consider her complaint.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council’s decisions on her financial contribution towards her non-residential social care package.

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The Ombudsman’s role and powers

2. 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)
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 would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered the information Ms X provided via her representative. I also considered the complaint correspondence which we requested from the Council. I sent Ms X’s representative a copy of my draft decision and considered his comments in response.

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What I found

5. Ms X complains, via her representative, about the Council’s decisions on her weekly financial contribution towards the cost of her non-residential social care and about its treatment of disability related expenditure.
6. Whilst this complaint has completed the Council’s complaints procedure, the Council has offered Ms X a further financial assessment review in order to review her circumstances and consider any changes. Ms X has not yet accepted this offer.
7. It is reasonable to expect the Council to carry out this further review before we will consider the complaint as it may resolve some of the matters complained about.

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Final decision

8. We will not investigate this complaint because the Council is offering a further review which it is reasonable to expect Ms X to use before we consider the complaint. If Ms X remains dissatisfied with the Council’s decision once it has carried out this further review then we can consider a complaint from her about the outcome.

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Investigator's decision on behalf of the Ombudsman