Summary: We will not investigate Ms B’s complaint about the way she has been treated by the Council. This is because further investigation could not add to the Council’s response or make a different finding of the kind Ms B wants.

The complaint

1. Ms B complained about the way the Council treated her and the Council’s decision to stop her Carer’s Direct Payment. Ms B says:

• She asked the social worker to give her a time and date to complete her care Needs Assessment, but the social worker did not return her call, when she did she did not listen to Ms B, was unsympathetic and negative.
• She has not received a copy of the requested information the Council has recorded about her and wants a copy of the Care Needs Assessment process and wants to know what help she can get.
• She is still providing care to her ex-husband, although he no longer lives with her and wants a Carers Direct Payment to pay for a cleaner.

2. Ms B say the Council should reinstate her Carers Direct Payment because she still provides him with care and support.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council says Ms B did not want to participate in a face-to face Care Needs Assessment so it arranged to speak to her on the telephone. It apologised if the date was not convenient and said it could have arranged a different date if Ms B had explained it was not appropriate. The Council apologised if Ms B felt the social worker undertaking her assessment was not sympathetic. It said the assessment was not completed on that day because Ms B said she wanted to complain. The Council says it arranged for another social worker to undertake Ms B’s Care Needs Assessment. The Council explained it could not send Ms B a copy of the assessment and could not say what support she may be eligible for until the assessment has been completed. It sent Ms B a link to its website which explains the process of assessments. We could not add to this or make a different finding. If Ms B believes the Council has information about her it is not giving her she can tell the Information Commissioner’s Office what this is and ask it to consider whether she should have it.
8. The Council explained Ms B received a Carers Direct Payment to support her in her role as carer for her partner. Case records show Ms B advised the Council in 2020 they had separated, and she was advised her direct payment would be reviewed and may be cancelled. The Council confirmed it did not do this and said it will give her four weeks’ notice of the direct payment being stopped. It also confirmed it would not be requesting return of the payment for the past two years.
9. Ms B says she is still providing support to her ex-partner even though he does not live with her. However, the Council confirmed Mr B does not receive services from it and advised Ms B how he can contact the Council if he wants support. The Council considered Ms B’s complaints and further investigation by us could not make a different finding or add to it.

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Final decision

10. We will not investigate Ms B’s complaint because further investigation could not add to the Council’s response or make a different finding of the kind Ms B wants.

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Investigator's decision on behalf of the Ombudsman