Summary: The Council’s decision that Mr B no longer owes any money for his late wife’s care has resolved the outstanding issue on this complaint. In the circumstances no further investigation of the complaint is necessary or appropriate.

The complaint

1. The complainant, who I shall refer to as Mr B, complains that the Council has not provided the funded respite provided in his carers assessment and his wife’s care plan from October 2018 onwards. Mr B complains the mediation sessions offered by the Council after a previous complaint have not been completed and the Council has not considered the impact of its decision to refuse his wife respite at a holiday lodge on his wellbeing.
2. Mr B complains the Council has unreasonably asked for direct payments to be repaid and the Council has said he is an unreasonably persistent complainant.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

4. I read the papers sent by Mr B and discussed the complaint with him.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. I have explained my draft decision to Mr B and the Council and have considered their responses.

Back to top

What I found

7. Mr B complains about the Council’s actions with regard to his wife’s respite care since he made his last complaint to the Ombudsman.
8. After I made enquiries of the Council on this complaint, Mr B’s wife sadly died. The Council wrote to him to say that ‘following the closure of the direct payment account and the sad death of Mrs B, the Council’s position is that no further money is owed in respect of Mr B’s late wife’s care’.
9. Mr B said that if he doesn’t have to repay the money, his complaint is now redundant.
10. Given the circumstances of the complaint, I consider that the Council’s actions meant that no further investigation of the complaint is necessary or appropriate. Mr B complained the Council had asked him to repay direct payments, but the Council has now said he does not need to repay these. For completeness, I will ask the Council to send Mr B an invoice confirming that the balance of the account is zero.

Back to top

Final decision

11. I have stopped investigating this complaint and do not uphold Mr B's complaint. The action taken by the Council has resolved any outstanding issues.

Back to top

Investigator's decision on behalf of the Ombudsman