Statement Upheld Direct payments 07-May-2021
Summary: Mrs X complained about the Council's handling of her husband, Mr Y's direct payments between 2015 and 2018. This resulted in the Council issuing them an invoice for £6879 for unaccounted and unauthorised spending of the direct payments. The Council was at fault for failing to monitor, audit and provide support to Mrs X and Mr Y on their spending of the direct payments. It was also at fault for failing to keep adequate records. The Council agreed to apologise to Mrs X and Mr Y for the distress and uncertainty this caused and reduce the outstanding debt owed.
Statement Upheld Direct payments 04-May-2021
Summary: The Ombudsman finds fault with the way the Council made its decision not to backdate an increase in Mr C's personal budget. This meant Mr C had to fund the shortfall to ensure his care needs were met. There was also a delay handling Mr C's complaint. The Council has agreed to reimburse Mr C.
Statement Not upheld Direct payments 23-Mar-2021
Summary: There is no fault in the way the Council calculated Ms X's contributions towards her care. It has given her ample opportunity to provide the evidence requested for a review. There is no fault in the way the Council administered Ms X's carer's pension contributions. The evidence shows Ms X's carer did not contact the pensions body at the right time to opt out of contributions: once she did so, the situation was resolved.
Statement Not upheld Direct payments 22-Mar-2021
Summary: The Council - which part-funds Mrs B's care with a weekly direct payment - was not at fault for requiring her husband, Mr B, to pay her assessed weekly contribution into her direct payment account. It was entitled to charge her for her care, and Mr B had agreed in advance to make the payments. Mr B's view - that, as the care he arranged cost less than Mrs B's full personal budget, she should not have to pay for it - is not supported by statutory guidance or his direct payment agreement.
Statement Not upheld Direct payments 02-Mar-2021
Summary: Mr C complained the Council has failed to increase Mr X's Personal Budget along with inflations, as a result of which he does not receive enough money anymore to meet his needs. We found the Council identified the correct steps to resolve the issue, which was a reassessment of Mr X's needs. As such, we discontinued our investigation because nothing further could be achieved for Mr X.
Statement Upheld Direct payments 22-Feb-2021
Summary: Ms C complained the Council failed to take her specific situation into account, including her need for reasonable adjustments, when it transferred her case to another social worker and throughout her care review. We found fault with regards to some of the Council's actions, especially in relation to the delay in transferring Ms C's case to a new social worker and providing clarity about what would happen to her Direct Payments. The Council has agreed to apologise and pay a financial remedy for any distress it caused Ms C. The Council will also review guidance it provides to clients about what they cannot use a Direct Payment for.
Statement Upheld Direct payments 11-Feb-2021
Summary: Mr C complains on behalf of Ms B and her mother Mrs B that the Council unreasonably delayed between October 2018 and February 2019 in confirming it would allow direct payments and refused to backdate these payments to October 2018. We have stopped investigating this complaint because the Council has taken action which has resolved the outstanding issue and no further action by the Ombudsman is needed.
Statement Upheld Direct payments 11-Feb-2021
Summary: Ms B complained that the Council reduced her daughter's personal budget despite the fact her needs had not changed and paid an incorrect direct payment each week. She also said it failed to complete a carer's assessment for her. We found the Council was at fault in paying Ms B less than it should have towards recruitment costs, but it has now rectified this. It also failed to check whether Ms B still wanted a carer's assessment in light of information provided by Carer's Support which completes assessments on the Council's behalf. However, this did not cause her a significant injustice.
Statement Upheld Direct payments 02-Feb-2021
Summary: There was fault in the way the Council assessed Mr and Mrs B's income to decide what contribution Mr B had to pay towards his care package. There was poor communication about the decision making. The Council also did not properly consult before it changed its policy on how it calculated the contribution. The Council has agreed to apologise to Mr and Mrs B and offer them a new financial assessment and a financial remedy. The Council has already addressed the change in the policy and reversed the policy.
Statement Not upheld Direct payments 27-Jan-2021
Summary: The Council was not at fault in its consideration of Mr X's needs. He requested funding (through direct payments) for a health need which the Council is not legally able to support.