Summary: We will not investigate Mrs B’s complaint about the way the Council has assessed her daughter’s, Ms D’s Disability Related Expenditure (DRE). This is because it is unlikely we would find enough evidence of fault to warrant an ombudsman investigation. We cannot investigate Mrs B’s complaints about Ms D’s care and support needs because we have previously considered and decided them.

The complaint

1. Mrs B complained about an incorrect financial assessment for her daughter Ms D. Mrs B says the Council refused to accept expenses she says Ms D incurs as a result of her disability and says these expenses should be considered as Disability Related Expenditure (DRE) in her financial assessment. Mrs B’s MP complained to the Council on her behalf about the lack of support Ms D receives and is concerned she has not received the 3 hours of support she was assessed as needing in July.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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.
5. I considered the complainants comments before making a final decision.

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My assessment

6. The Council advised Mrs B Ms D has not been assessed as requiring cleaning and gardening as a requirement of her disability and so these costs are not considered to be Disability Related Expenditure. It has invited Mrs B to submit her evidence to support her claim they are related to Ms D’s disability. There is not enough evidence of fault with the Council’s actions to warrant an ombudsman investigation. The Council has explained why these services are not disability related. If Mrs B has evidence to the contrary she will need to give this evidence to the Council for further consideration.
7. Mrs B’s MP complained to the Council about Ms D’s care and support needs We considered and decided these matters including the Council’s failure to provide Ms D with the 3 hours of support she is assessed as needing in October 2022 under case reference 21014797. We cannot consider the same matters again. The Council has confirmed it will prioritise securing support for Ms D.

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Final decision

8. We will not investigate this complaint. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation regarding Ms D’s financial assessment. We cannot consider matters we have previously considered and decided.

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Investigator's decision on behalf of the Ombudsman