Summary: We will not investigate this complaint about the Council’s decisions on disability related expenditure. There is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s decision not to view her daughter, Miss Y’s access to the internet as a “Disability Related Expenditure” (DRE).
2. Mrs X also complains about the way the Council have made her feel. Mrs X wants the Council to view Miss Y as an individual.

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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 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)) 
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 

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How I considered this complaint

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

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My assessment

7. Where a council arranges care and support to meet a person’s needs, it may charge the adult. Where a council has decided to charge, it must carry out a financial assessment of what the person can afford to pay. As part of its assessment, it should allow the person to keep enough benefit to pay for necessary disability-related expenditure. These are any reasonable additional costs directly related to a person’s disability.
8. The Council reviewed Miss Y’s care needs in February 2023, documenting how important a mobile phone and access to the internet was for Miss Y.
9. Mrs X wanted the Council to view the cost associated with Miss Y’s access to the internet as a DRE, discounting it from Miss Y’s financial assessment. The Council explained when considering DRE, local authorities must decide if a cost incurred would also be incurred by the wider population. Where costs for a person with a disability are no different from that of the wider population local authorities cannot make an added allowance for these expenses.
10. The Council explained it did not consider Miss Y’s internet and data use was solely for a disability related purpose, so it could not disregard the cost.
11. I will not investigate as there is not enough evidence of fault in the Council’s decision making.
12. Mrs X also complains the Council provided her a booklet to support with the cost of living which was inappropriate. However, this does not meet our threshold for a finding of fault or significant injustice.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman