Summary: We will not investigate Mrs X’s complaint about matters relating to her direct payment. This is because the Council has offered to carry out a reassessment of Mrs X’s needs in order to consider the issues raised further and it is reasonable to expect Mrs X to complete this process before we will consider her complaint.

The complaint

1. The complainant, Mrs X, complains about matters relating to her direct payment budget. She complains the Council has delayed in considering her complaint; has taken over her direct payment; is not providing all the care hours she needs; has failed to implement her last assessment; has not obtained relevant information from other key agencies and has not properly considered her needs and circumstances.

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The Ombudsman’s role and powers

2. 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)
3. We do not start an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council about matters relating to her direct payment in early 2024.
7. In response, the Council told Mrs X it had allocated her case to a new officer and that it would carry out a reassessment of her needs.
8. Mrs X says assessments are distressing and she does not want to have to go through another one.
9. The Council says it has not been able to progress the matter further and consider whether Mrs X needs the additional hours claimed because Mrs X has, so far, declined the reassessment.
10. We will not investigate Mrs X’s complaint at this time. This is because the Council has offered to carry out a further reassessment to enable it to reach a view on the issues raised and it is reasonable to expect Mrs X to engage with this process before we consider her complaint. Whilst I acknowledge Mrs X finds assessments distressing, this approach offers the best opportunity to resolve the issues raised in her complaint. We cannot assess her needs. It is a matter for the Council.
11. If Mrs X remains dissatisfied with the outcome of the reassessment, once the Council has reached its final decision, then it will be open to her to resubmit a complaint to this office.

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Final decision

12. We will not investigate Mrs X’s complaint. This is because it is reasonable to expect Mrs X to first engage with the Council’s offer to carry out a reassessment.

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Investigator's decision on behalf of the Ombudsman