Summary: The Ombudsman will not investigate Mr A’s complaint about the Council’s decision to change the way it manages direct payments. This is because any further investigation by the Ombudsman could not add to the Council’s response and he could not make a finding of the kind Mr A wants.

The complaint

1. Mr A says the Council failed to send him a copy of its updated policy on changes to direct payments in January 2019, so he was unable to see the changes it had implemented. Mr A says he managed to locate the new policy and the proposed changes will cause him as an Authorised Person, a significant inconvenience. Mr A says a commissioned service will not be appropriate for his daughter, Ms B. Mr A says the Council should allow him to continue using a support service with slight amendments and not implement the major changes it is proposing.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information and documentation Mr A and the Council provided. I sent Mr A a copy of my draft decision and considered his comments on it.

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What I found

4. Ms B receives direct payments to pay for her care which are currently managed by a support agency arranged by the Council. Until recently the agency managed the administration of the direct payments and HR processes.
5. The Council advised Mr A it is changing the way it manages direct payments. It explained to Mr A, as the Authorised Person, he will need to manage the administration and HR processes himself. Mr A complained he was not consulted about the changes and said the new process will significantly impact on his time and resources.
6. The Council investigated Mr A’s concerns. It explained the new policy came into effect in December 2017 and was co-produced with a group of Direct Payment Champions, direct payment users who worked with commissioners to write the policy.
7. It advised Mr A it is just about to consult on an amended version of the policy and advised him how to get a copy of the document. It acknowledged the new policy will have an impact on Mr A, but said it was concerned to hear the support service he used was involved in HR processes. It advised Mr A as the Authorised Person, that he is responsible for the management of the direct payments. The Council explained to Mr A the support services available to him to manage direct payments including HR processes and explained if he did not wish to continue as the Authorised Person for Ms B, it could arrange for a commissioned service to provide care for Ms B.
8. The Council acknowledged a commissioned service would not have the same flexibility as having personal assistants and could not guarantee the continuity of care staff or say someone would be able to take Ms B to international rugby matches, but, it was satisfied it could arrange a package of care to meet her assessed needs.
9. Mr A is unhappy with this response and has asked the Ombudsman to investigate. It is unlikely any further investigation could add to the Council’s response or make a different finding. The Council has explained it co-produced the policy with a group of direct payment users.
10. Mr A is concerned he was not consulted about the changes to direct payments in January 2019 when he says the new policy was approved. The Council says it is amending the policy, which is available for consultation between 24 September and 3 December 2019. Mr A says the consultation only refers to additional payments by service users to top up their direct payments and does not include amendments made in January 2019 without consultation. Mr A will have the opportunity to express his views during the consultation period including the concerns he has about the January policy.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because any further investigation by the Ombudsman could not add to the Council’s response and he could not make a finding of the kind Mr A wants.

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Investigator's decision on behalf of the Ombudsman