Summary: Ms X complained that the Council ended her Direct Payments. The Ombudsman will not investigate this complaint as there is insufficient evidence of fault.

The complaint

1. Ms X complained that the Council ended her Direct Payments. Ms X says the decision will have a negative financial impact and increase her use of care services in the future.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I have considered all the information Ms X provided. I have also considered the Council’s response. I have written to Ms X with my draft decision and considered her comments.

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What I found

4. Direct payments are monetary payments made to individuals who ask for them to meet some or all of their eligible care and support needs. They provide independence, choice and control by enabling people to commission their own care and support to meet their eligible needs.
5. Councils must assess a person’s finances to decide what contribution he or she should make to a personal budget for care. The Council can take a person’s capital and savings into account subject to certain conditions.
6. While living in another council’s area (Council A), Ms X was assessed and found to have eligible care and support needs. Council A completed a financial assessment and provided Ms X with direct payments. At the time Ms X had income from a rental property she managed. Council A did not include this income in her financial assessment. Ms X used the direct payments to fund a personal assistant for 15 hours per week.
7. Warwickshire County Council completed a financial assessment when Ms X moved to a property in its area in 2012. By this time, Ms X had income from two rental properties. The Council says its policy is to include rental income in financial assessments. However, it made a discretionary decision to disregard the rental income to allow Ms X to remain in her property.
8. In February 2019 the Warwickshire County Council completed a financial assessment review and found Ms X’s financial situation had changed. The Council says Ms X’s savings and income had increased and her housing costs had decreased. On that basis, the Council reversed its decision to disregard
   Ms X’s rental income. Ms X disagreed with the decision as she said her savings were temporary and the increase in her income was not enough to cover the rise in cost of living and the cost of her personal assistant.
9. Ms X requested a reassessment in February 2019. The Council responded in March 2019, upholding its decision. After further communication with Ms X, the Council offered another reassessment if Ms X had evidence the Council used incorrect information to make its decision. Ms X did not submit any information.
10. By 2019 the Council had applied its discretion to disregard Ms X’s rental income for seven years. The Council’s financial assessments must meet the standards set out in the Care and Support (Charging and Assessment of Resources) Regulations 2014. The Council’s decision to start including Ms X’s rental income in its financial assessment is in line with the regulations. There is no evidence of fault in its decision and therefore the Ombudsman cannot question the outcome.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because there is insufficient evidence of fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman