Summary: We will not investigate this complaint about the Council not allowing Mr X to manage his own direct payments. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council will not allow him to manage his own direct payments

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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 asked the Council to let him manage his direct payments.
6. The Council explained it could make any changes to the direct payments, including how it is managed, without an up-to-date review. The Council said the last review completed was in July 2022 and a new review was needed.
7. The Council said Mr X’s social worker has attempted to arrange the review to take place with Mr X. However, The Council said Mr X has not agreed to this.
8. An investigation is not justified as there is insufficient evidence of fault. This is because the Council has explained what needs to happen before it can consider Mr X’s request to manage his direct payments. It is open to Mr X to work with the Council to get the review arranged and completed. Once this is done, the Council can then consider his request.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman