Summary: We will not investigate this complaint about the Council’s decision to reduce the funding to meet Mrs X’s mother’s care needs. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the likely fault.

The complaint

1. Mrs X complains about the Council’s decision to reduce the funding to meet her mother’s care needs. She says the Council previously paid for care services costing £1190 per week but will now only fund up to £949 per week. She says the Council never explained the previous funding agreement was temporary.

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The Ombudsman’s role and powers

2. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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.

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My assessment

5. Mrs X’s mother, Mrs A, was receiving care services from a provider costing £1190 per week. Mrs X raised concerns about this care provider and requested a change of provider. Following this, the Council told Mrs A it would only fund for care services up to £949 per week. The Council explained this was because it was able to source a care provider who could meet Mrs A’s assessed needs for this price.
6. If we were to investigate, it is likely we would find fault causing an injustice. This is because there is a lack of transparency as to how the Council calculated Mrs A’s personal budget. This is not in line with the care and support statutory guidance.
7. We acknowledge personal budgets can be reviewed and revised. However, it is not clear from the evidence available why the Council is now satisfied Mrs A’s assessed care needs can be met at a cost of £949 per week when previously it agreed her needs would be met at a cost of £1190. Given the amount has gone down, it is important for the Council to be transparent about how it has made its decision. This will reassure Mrs X that amount is sufficient to meet Mrs A’s assessed care needs.
8. Further, the Council’s care and support plan still notes Mrs A’s agreed personal budget is £1190 per week. Therefore, the Council does not appear to have updated the relevant documents to reflect the new agreed personal budget. This is confusing for Mrs X and adds to the lack of transparency over the personal budget.
9. I am satisfied the likely fault outlined above will have caused Mrs X some frustration and uncertainty. This is because she cannot be satisfied the new agreed personal budget is appropriate and sufficient to meet her mother’s assessed care needs.
10. We therefore asked the Council to consider remedying the injustice caused by reviewing Mrs A’s care assessment and support plan. The Council should also ensure Mrs A’s support plan clearly outlines the personal budget agreed.

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Agreed action

11. To its credit, the Council has agreed to resolve the complaint and will complete the above within four weeks of the date of the final decision statement.

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Final decision

12. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman