Summary: We will not investigate this complaint about loss of income because of delays in the recruitment process, and then employment not going ahead. This is because the Council was not the employer and was not responsible for the issues being raised.

The complaint

1. Ms B says she was booked for work and told a start date by the Council, but this was then delayed at short notice, and then rebooked and cancelled at short notice. Ms B has not been paid and lost out on benefit income she could have claimed over that time.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

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

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My assessment

5. Direct payments are money given by a council to an individual, so the individual can employ someone to meet their adult social care needs. Ms B was going through the process to be employed by an individual under the direct payment scheme.
6. The Council was not, and was never intended to be, Ms B’s employer. Therefore, the Council is not responsible for any lost income Ms B claims.

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Final decision

7. We will not investigate Ms B’s complaint because the Council is not responsible for the issues she raises.

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Investigator's decision on behalf of the Ombudsman