Summary: We will not investigate this complaint about the way the Council dealt with disability related expenditure in the financial assessment process. This is because there is no indication an investigation would lead to a different outcome.

The complaint

1. The complainant, Mr B, complained about the way the Council dealt with his wife’s disability related expenditure in the financial assessment process.

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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. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Mr B has had an opportunity to comment on my draft decision.

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My assessment

7. In April 2021 the Council responded to Mr B’s complaint. It apologised for the length of time it had taken to review his wife’s disability related expenditure (DRE). The Council said Mr B had asked him to consider 10 items of DRE. It explained it had to apply the test set out in annex C of the statutory care and support guidance issued by the Department of Health. The Council set out which items it had agreed, which items it had refused and the information it needed before reaching a decision on the remaining items of expenditure.
8. Mr B complained to us in June 2021. He said the Council had failed to implement the action it had agreed to take.
9. The Council emailed Mr B in August 2021. It set out the amounts of disability related expenditure it had agreed to include in the financial assessment and how that affected his wife’s assessed weekly charge for her care service dating back to December 2019. The Council said the reduction in the total amount due would appear on the next invoice.
10. Now that the Council has implemented its decision on the issue of disability related expenditure, we could not achieve significantly more for Mr B if we investigated his complaint. The Council has considered the information Mr B provided and followed the statutory guidance. There is no indication an investigation would lead to a different outcome.

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Final decision

11. We will not investigate Mr B’s complaint because there is no indication an investigation would lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman