Summary: Mrs X complained on behalf of her daughter, Miss Y, about the Council’s decisions regarding the use of direct payments and an unpaid invoice for Miss Y’s assessed contribution. Mrs X says the Council has overcharged Miss Y and caused avoidable stress. We have discontinued our investigation because the complaint is late.

The complaint

1. Mrs X complained on behalf of her daughter, Miss Y, about the Council’s decisions regarding the use of direct payments and an unpaid invoice for Miss Y’s assessed contribution. Mrs X says the Council has overcharged Miss Y for her contribution towards her care and support package and that the Council paid the net amount into the direct payment account. Mrs X says the Council’s actions have caused a great deal of stress.

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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 can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered the information provided by Mrs X.
5. I have considered the information provided by the Council.
6. Mrs X and the Council have had the opportunity to comment on a draft of this decision.

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What I found

Direct payments

7. 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 enable people to arrange their own care and support to meet those needs.

Background

8. Miss Y is diagnosed with autism and learning disabilities and has several health conditions. Miss Y has four paid personal assistants who provide support for her, as well as informal support provided by Mr and Mrs X.
9. Mrs X says in 2010, the Council assessed Miss Y as having to pay a contribution towards the cost of her care and support package. She says the Council also made direct payments to Miss Y from 2010.
10. Mrs X says the Council provided a care and support plan in 2012 which included community activities for Miss Y to take part in.
11. In November 2019, the Council undertook an audit of Miss Y’s direct payments. Mrs X says she told the Council she used the direct payments to pay for Miss Y’s personal assistants and that she used Miss Y’s contributions to pay for her activities. Mrs X says the Council told her the direct payments could only be used to pay for the personal assistants. Mrs X says she started to pay the contributions from this point.
12. The Council sent Mrs X an invoice for unpaid contributions in November 2019. The invoice stated Miss Y owed contributions dating back to 2012.

Mrs X’s complaint

13. Mrs X complained to the Council via a representative in January 2020. She complained the requests for payment were unreasonable and that the Council should have raised any issues about the use of direct payments or client contributions as part of its annual reviews. Mrs X also complained the Council had not taken account of all disability related expenditure and she questioned how the Council expected Miss Y to pay the invoiced amount.
14. The Council replied to Mrs X’s representative in June 2020. It did not uphold Mrs X’s complaint. The Council said it made Mrs X aware of the need to pay Miss Y’s contribution into the direct payment account and said the direct payment agreement specified that direct payments can only be used to meet the agreed needs of the support plan. The Council said the activities mentioned by Mrs X were not allowed as disability related expenditure, and that it would agree to a payment plan which considered Miss Y’s ability to pay.
15. Mrs X responded to the Council via her representative in July 2020 to contest the Council’s complaint decision.
16. The Council replied later that month. The Council explained its reasons why it maintained its decision not to uphold Mrs X’s complaint.
17. Mrs X responded via her representative in September 2020 and said she wished to pursue her complaint further.
18. The Council replied in November 2020 and explained its reasons for not upholding the complaint. However, the Council acknowledged it did not carry out annual reviews of Miss Y’s care plan in 2016 and 2017. The Council apologised and acknowledged it did not make it clear to Mrs X that the amount owed was accruing. To recognise this, the Council offered to reduce the amount it said Miss Y owed.
19. Mrs X says she did not receive the Council’s response until June 2021. At about this time, Mrs X sought legal advice regarding her complaint.
20. Mrs X complained to the Ombudsman in June 2022.

Analysis

21. As stated at paragraph two, 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. Mrs X became aware of the matters complained about in November 2019 but did not bring her complaint to us until June 2022.
22. Mrs X made her complaint to the Council in January 2020 and received a response in June 2020. The Council’s response signposted Mrs X to the Ombudsman if she remained dissatisfied with the Council’s complaint decision.
23. I acknowledge Mrs X’s comments that she did not receive the Council’s final response (dated November 2020) until June 2021. However, the matters complained about date back to November 2019, and the Council’s letter of June 2020 advised Mrs X of her ability to refer the complaint to us. As a result, it was reasonable for Mrs X to have brought her complaint to the Ombudsman sooner.

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Final decision

24. We have discontinued the investigation of this complaint because it is late.

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Investigator's decision on behalf of the Ombudsman