Summary: We will not investigate this complaint about the Council’s decision not to award Mrs X with direct payments. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained the Council will not exercise discretion to award her direct payments.
2. She said the Council’s decision has caused her financial loss and upset.

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The Ombudsman’s role and powers7

3. We investigate 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X has been a registered carer for her brother Mr Y for several years and recently moved to live with Mr Y full time.
7. Mrs X applied to the Council for direct payments to allow her to continue caring for Mr Y. The Council declined Mrs X’s application due to its policy of not providing direct payments to relatives who live with the people they are caring for except under exceptional circumstances.
8. Mrs X complained to the Council and explained that Mr Y’s needs would not be met by anyone else as she was his sole carer. The Council explained to Mrs X that it would only provide direct payments to relatives of people receiving care who live in the same household in emergencies or in cases where the carer is paying their relative to provide administrative support. The Council told Mrs X it would assign a social worker to assess Mr Y’s needs and determine whether he would require further support in addition to the day support he currently receives.
9. Mrs X remains unhappy with the Council’s decision and wants us to find the Council at fault. The Ombudsman cannot question the merits of a decision the Council has made correctly. The evidence shows the Council has considered Mrs X’s request to exercise discretion and it has decided her circumstances do not qualify as exceptional circumstances. The Council has explained its decision in line with its policy and it is entitled to do so. An investigation would therefore be unlikely to result in a finding of fault.

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Final decision

10. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman