Summary: We will not investigate Mrs X’s complaint about the Council’s decision that her relative must contribute towards her transport costs to a day care centre. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council wrongly decided to use part of her relative, Ms Z’s, PIP mobility allowance to contribute towards the transport costs to her day care.
2. Mrs X says this leave Ms Z with little money for other transport costs.
3. She wants the Council to disregard Ms Z’s mobility allowance and pay the full costs of her transport to her day care.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council’s Adult Social Care Transport Policy says it will only provide transport if a person’s mobility benefits and expenses are insufficient to cover the costs of transport.
9. People who receive the PIP mobility allowance are expected to use this towards their transport costs.
10. The Council reviewed Ms Z’s care needs and agreed to include three days at a day care centre in her plan to help her socialise with other people.
11. Because Ms Z received the PIP mobility payment, the Council said she should contribute 75% of that benefit towards the costs of the transport to the centre. This left Ms Z with some money for other transport costs.
12. The Council carried out a financial assessment to determine how much Ms Z could afford to pay towards the costs of her care. It did not include the PIP mobility allowance in its calculations.
13. We will not investigate this complaint as there is insufficient evidence of fault. The Council followed its policy and the relevant legislation in reaching its decisions. Although Mrs X disagrees with the decisions, there is insufficient evidence of fault in how they were reached and so we cannot question the outcome.

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Final decision

14. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman