Royal Borough of Greenwich (23 003 486)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Councils failure to tell Ms B direct payments she receives for providing care to her employer, Mr C, would include his National Insurance contribution and holiday payments. This is because the Council has apologised for the fault, and we are satisfied this remedies the injustice caused.
The complaint
- Ms B complained she agreed with the Council to provide Mr C with care through a direct payment of £537.05 a week but only received £487.50. Ms B says the Council misled her and did not explain the direct payment was before deductions. Ms B wants the Council to repay the money she was told she would receive.
The Ombudsman’s role and powers
- 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council apologised communication was not as good as it should have been and explained the breakdown of her employers, Mr C’s, personal budget, the deductions incurred by his National Insurance contribution, and payments for holidays. It acknowledged this had not been properly explained to her and clarified the difference between the gross direct payment rate and the net rate Ms B receives from her employer.
- The Council has explained the reasons for the gross and net rates and apologised for the lack of communication. We could not add to this or make a different finding even if we investigated.
Final decision
- We will not investigate Ms B’s complaint because the Council has apologised for the fault, and we are satisfied this remedies to injustice.
Investigator's decision on behalf of the Ombudsman