Summary: We will not investigate Mr X’s complaint the Council failed to pay him direct payments. That is because Mr X’s complaint is late as it would have been reasonable for him to complain to us earlier. He has also taken court action in respect of the Council’s most recent Care Act assessment. We cannot investigate a complaint that has been considered by the court.

The complaint

1. Mr X complained the Council has failed to pay him direct payments for twenty months.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint about the Council not making his direct payments for twenty months. The Council initially completed its assessment of Mr X’s care and support needs in May 2020. It then completed a further assessment in October 2020. It told him at that time it did not consider direct payments were an appropriate method to support his care needs. Mr X did not complain to the Ombudsman until January 2022 about that decision. I consider it would have been reasonable for Mr X to have complained to us sooner if he were unhappy with the Council’s decision. Therefore, his complaint is late.
7. The Council completed a further care needs assessment in February 2021. That did not assess Mr X as having eligible needs. Following that, Mr X challenged the Council’s decision in the Court. We cannot investigate the Council’s decision not to pay Mr X direct payments from February 2021 onwards as the matter has been considered by the Court and it therefore outside our jurisdiction.

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Final decision

8. We will not investigate Mr X’s complaint because the earlier part of his complaint is late, and he has taken court action about the Council’s more recent care needs assessment.

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Investigator's decision on behalf of the Ombudsman