Summary: We will not investigate this complaint about the Council’s decision to remove an annual carers personal budget it paid to Mrs B and replace it with a weekly personal budget. Any injustice is not significant enough to justify our involvement.

The complaint

1. Mrs B complains about the Council’s decision to remove a carer’s personal budget and offer to replace it with weekly direct payments to meet her eligible carer’s needs. Mrs B says the Council failed to consider how its decision would impact on her and her husband, Mr B, who she provides care for. Mrs B feels the Council’s decision to withdraw the annual carer’s personal budget is not in line with the Care Act 2014. The complainant says the events have led to both her and Mr B feeling frustrated and impacts negatively on their wellbeing. As an outcome she wants the Council to pay for Mr B to attend respite once a week and pay the annual carer’s personal budget.

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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 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant including the Council’s responses to her complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs B was having disabled works completed at her property to provide an adapted bathroom to meet Mr B’s needs. As Mr B’s informal carer, she received direct payments from the Council in the form of a £300 annual carers payment. Direct payments are monetary payments made to individuals who ask for them to meet some or all their eligible care and support needs. They enable people to arrange their own care and support to meet those needs.
6. Mrs B contacted the Council to enquire about additional support for Mr B due to the works causing disruption and impacting on his mental wellbeing. Mr B then started attending a respite facility one day weekly. Mrs B asked the Council to pay for this and continue to pay the annual carers allowance. She complained to the Council about its explanation of the charging process and the outcome of a financial assessment.
7. When responding to the complaint the Council confirmed Mr and Mrs B had assessed eligible needs. It said its officer had not explained its charging process properly and said it would provide relevant training. It agreed to pay the cost of the respite placement between December 2024 and January 2025. It said it had updated Mrs B’s last carers assessment and would provide a weekly direct payment of £64.84 but she would no longer receive the one-off annual payment of £300.
8. We will not investigate this complaint because any injustice is not significant enough to justify our involvement. Although the Council has said Mrs B will not receive the annual carers personal budget it has offered a weekly personal budget via direct payments which Mrs B can use flexibly to meet her assessed eligible needs.

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Final decision

9. We will not investigate Mrs B’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman