Summary: We will not investigate this complaint about the Council not providing adequate funding to meet Mrs X’s assessed care needs. This is because an investigation would not lead to any different findings or worthwhile outcomes.

The complaint

1. Mrs X complains the Council will not provide adequate funding to meet her assessed care needs. She says the Council will only fund £16 per hour, but the agency she used charged £24 per hour.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide further investigation would not lead to a different findings or worthwhile outcomes. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X received direct payments (DP) from the Council to pay for her care and support from a care agency. In March 2022, Mrs X told the Council her agency was increasing its charges to £24 per hour and asked the Council to increase her DP.
6. The Council considered Mrs X’s request but declined to agree to this. The Council offered Mrs X alternative options, including:
• Continue to use her DP account to fund the same care agency. Mrs X was to pay the top up amount to meet the increased hourly rate.
• Continue to use her DP account but change to a care agency that charged the Council’s hourly payment rate (£16).
• Change from DP to a commissioned package of care.
• Employ a personal assistant.
7. The Council accepted it delayed in telling Mrs X of its decision to decline the request for the DP to increase. It has apologised to Mrs X for this, which was appropriate.
8. An investigation is not justified as it would not lead to any different findings or worthwhile outcomes. This is because the Council has properly considered Mrs X’s request for an increase and provided its reasons for declining. The Council has confirmed there are care providers who can meet Mrs X’s care needs at the specified rate of £16 per hour. Therefore, the Council is entitled to decline the requested higher rate. In addition, the Council has provided Mrs X with several alternative options, so she has a choice in how to receive the care and support she needs.

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Final decision

9. We will not investigate Mrs X’s complaint because an investigation would not lead to any different findings or worthwhile outcomes.

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Investigator's decision on behalf of the Ombudsman