Summary: We will not investigate Mr X’s complaint about the Council failing to provide appropriate care provision to him and for refusing his request for direct payments to allow him to employ his brother as his personal assistant. This is because some complaint matters are late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council has failed to provide appropriate care provision to him since 2020. He also complains about the Council’s decision to refuse his request for direct payments so he can employ his brother to provide his care and support as his personal assistant.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said the Council has failed to provide him with appropriate care and support since 2020. The Council confirmed Mr X was previously receiving direct payments and this was used to employ his brother as his personal assistant.
7. However, the Council stopped the direct payments in 2022 following allegations Mr X had made about his brother, including allegations of physical and financial abuse. Mr X said since then, he has received no care and support provision from the Council.
8. We will not consider the Council’s actions and decisions in 2022. This is because it is clear Mr X would have been aware of the complaint matters at the time as he was not receiving care and support provision. Therefore, it is reasonable to have expected Mr X to have complained about this matter earlier.
9. In making this decision, I have considered the possibility Mr X may have struggled to engage with the complaints procedure due to his disability. However, there is evidence Mr X has a supportive family around him. Therefore, I am satisfied they could have helped him to raise the complaint or raised the complaint on his behalf.
10. Therefore, the only complaint matter we can consider is the Council’s most recent decision to refuse to reinstate the direct payments to enable Mr X to employ his brother as his personal assistant.
11. The Council has provided evidence of its consideration of the matter, including completion of a risk assessment. The Council noted Mr X had previously raised safeguarding complaints about his brother and said that his brother was not always available to provide the care he needs. The Council considered it was not safe for Mr X’s brother to be his personal assistant due to these previous safeguarding concerns and due to concerns about how the brother could provide the care required whilst also working full time.
12. The Council decided it could identify a suitable provider through commissioned service and that this can be put in place for Mr X to provide the care and support he needs.
13. An investigation is not justified as we are unlikely to find fault with the way the Council made its decision. The Council has considered the relevant information before reaching its decision. The Council has also provided a clear rationale as to why it will not agree to reinstate the direct payments to enable Mr X to employ his brother to provide care as his personal assistant. As the Council has properly considered the matter, the Ombudsman cannot find fault with the decision itself.
14. It does appear the Council is not providing any care and support to Mr X. However, the Council has confirmed it is able to commission a care provider to provide the support Mr X needs. Evidence suggests it is Mr X that is declining the support on offer. Therefore, the injustice caused is due to Mr X’s decision, rather than because of any fault of the Council.

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Final decision

15. We will not investigate Mr X’s complaint because some of the matters he complains about are late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman