Summary: We will not investigate Mrs X’s complaint that the Council wrongly refused to classify the costs of some of her daughter’s social activities, food and petrol as disability related expenditure. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council refused to allow the costs of her daughter, Miss Z’s social activities, petrol and food to be classed as disability related expenditure.
2. She is also unhappy the Council failed to put the costs on hold whilst she complained.
3. She says the Council has failed to show it took Miss Z’s individual circumstances into account when making its decision.

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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 decided Miss Z’s eligible needs relating to social interactions were being met through her placement in shared supported living, her voluntary work and other social outings to visit friends. It therefore declined to classify the costs of Miss Z’s activities, which included yoga, art and cinema, as disability related expenditure.
9. In relation to the costs of Miss Z’s food and petrol, the Council said Miss Z should meet these through her weekly income of around £180.
10. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagrees with the decision the organisation made.
11. The Council considered Miss Z’s care plan and applied the relevant law, guidance and policy when completing her financial assessment to determine her contribution toward her adult social care costs.
12. There is no evidence of fault in how the Council made its decision not to include the items requested by Mrs X as disability related expenditure. Therefore, we will not investigate.

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Final decision

13. 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