Summary: We will not investigate Mrs X’s complaint about the Council not amending her son Mr Y’s financial contributions to his care costs when his benefits income changed, and it seeking repayment of overpaid Direct Payment money. There is not enough evidence of fault by the Council to warrant us investigating.

The complaint

1. Mrs X is Mr Y’s mother and financial representative. Mr Y has assessed care needs and receives Direct Payments from the Council to fund his care and support package. Whether he contributes to his care costs and the amount of any contribution is based on his income, which comes from national government benefits. Mrs X complains the Council:
1. did not amend Mr Y’s financial contributions based on increases to his benefits over four years;
2. is unfairly demanding the return of £9,000 in overpaid Direct Payments from 2021 onwards.

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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
• we cannot achieve the outcome someone wants, or

(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 from Mrs X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

4. In response to complaints from Mrs X and her partner, the Council reviewed Mr Y’s file. Officers noted their correspondence with Mrs X advising her that it was her duty to tell the Council if Mr Y’s financial circumstances changed. In 2019, the Council says Mrs X agreed to act as Mr Y’s financial representative. The document she signed to take on the role included a declaration that she agreed to tell the Council immediately of any changes in financial circumstances, including changes to benefits. Between 2022 and 2024, the Council says its annual financial reassessment letters told Mrs X to check the financial information used in the review was correct. The Council’s complaint replies do not say or imply the Direct Payment monies have been in any way improperly used by Mrs X, only that the amount Mr Y received was greater than his entitlement because of increased benefits income.
5. We note Mrs X considers the Council, as a local government body, should know when national government benefits Mr Y receives have changed. She believes the Council could have used publicly available information about the nationally applied changes to alter Mr Y’s care account and take any contributions. We understand this is the system Mrs X wants to be in place, but it is not the current process and not the one she agreed to follow when she became Mr Y’s financial representative. It is the duty of the user of the care service or their representative to tell their local authority about any changes to their finances. It was not fault for the Council to require Mr Y or his representatives to provide that information to inform their financial reassessments. There is not enough evidence of fault in the Council’s processes causing the issues complained of to justify us investigating, so we will not do so.

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Final decision

6. We will not investigate Mrs X’s complaint because there is not enough evidence of Council fault to warrant us investigating.

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Investigator's decision on behalf of the Ombudsman