Summary

Complaint from a woman that the council wrongly decided to rescind her son's direct payments with immediate effect. She states the decision was based on inaccurate information and did not take account of her own and her son's eligible needs.

The complaint

Complaint from a woman that the council wrongly decided to rescind her son's direct payments with immediate effect. She states the decision was based on inaccurate information and did not take account of her own and her son's eligible needs.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

We recommend the council:

• pays the son the sum equivalent to the direct payments he would have received during the period November 2013 and January 2015. As he currently receives £424.15 a month this equates to £5,938.10;
• pay the mother £500 in respect of her stress and anxiety in having to support and meet her son's needs between November 2013 and January 2015;
• reviews how it monitors its contracts with third parties to ensure that organisations carrying out functions on its behalf keep full records of all care reviews and recommendations. This review should take place within the next three months. The council should notify us in writing when it has completed this review; and
• take practical steps, such as staff training, within the next three months to ensure officers are aware of the council's contracts with other organisations and the duties and responsibilities arising from these contracts. The council should ensure officers are fully aware that the council has an ongoing responsibility even where its functions are carried out by another body. The council should notify us in writing when it has completed this action.

The council has agreed to carry out these recommendations.

Ombudsman's satisfied with council's response: 3 February 2016

 

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