Summary: We will not investigate this complaint about the Council’s handling of Mr X’s direct payments. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s handling of his direct payments. He says the Council is acting unreasonably by asking him to provide information which he cannot, such as payslips of his employees. He also complains the Council is refusing to show him what information is on its records about him and his staff.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. Mr X receives direct payments to meet his care and support needs. The Council commissioned an organisation (Org A) to support individuals manage their direct payments. Mr X uses Org A.
6. The Council’s direct payment agreement with Mr X states the Council will check the direct payments are being used to meet the user’s assessed needs and that the user will need to keep records to show all income and expenditure from the direct payment account. It also notes receipts and wage records of any personal assistants should be kept by the user.
7. The Council asked Mr X to provide information to allow it to audit his direct payment account to ensure the payments were being used appropriately to meet his needs. Mr X told the Council he could not provide the information and asked the Council to get the information from Org A.
8. The Council confirmed Org A provided the necessary information needed to complete its audit.
9. As outlined in the direct payment agreement, the Council can ask Mr X to provide information to allow the Council to complete an audit to check the direct payment account is being used appropriately. When Mr X told the Council he did not have the information and to get it from Org A, the Council did so. Therefore, there is insufficient evidence of fault here to justify an investigation.
10. With regards to Mr X’s complaint about the Council refusing to show him what records it holds about him and the staff he employs, Mr X can request this information through a subject access request (SAR). Therefore, it is reasonable for Mr X to pursue this. If Mr X is unhappy with the Council’s response to his SAR, he can make a complaint to the Information Commissioner’s Office.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault here to justify an investigation.

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Investigator's decision on behalf of the Ombudsman