Summary: We will not investigate Ms X’s complaint about delay in the Council setting up her direct payments. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Ms X complains the Council delayed in setting up her direct payments. She says this meant she received no care for nearly a year.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

5. The Council completed a care and support assessment which identified Ms X had care and support needs. The Council arranged a care and support package to meet these needs.
6. In December 2023, Ms X cancelled her arranged care package due to concerns her carers did not fully understand her needs. The Council was aware of this and suggested direct payments as a way forward. Ms X agreed to this and asked the Council to put this in place.
7. The Council took no action to move forward with setting up the direct payments until around August 2024, when the Council referred the case to an agency to support Ms X with recruiting a personal assistant.
8. To date, the Council confirmed the direct payments are still not in place as no suitable personal assistant has been found. However, the Council said the budget is in place and the direct payments would be finalised once Ms X appoints a personal assistant.
9. If we were to investigate it is likely we would find fault causing Ms X injustice. This is because the Council accepted there has been significant delay in arranging the direct payments.
10. I am satisfied the accepted delay meant Ms X has been without the care and support she was assessed as needing for nearly one year. I am also satisfied the delay will have caused Ms X distress, frustration, and risk of harm.
11. We therefore asked the Council to remedy this by completing the following:
• Apologise to Ms X for the significant delay in setting up the direct payment.
• Finalise the direct payment without further delay, and within four weeks of the final decision statement. If it becomes clear there continues to be difficulty in finding a suitable personal assistant, the Council should consider whether it needs to meet Ms X’s eligible care needs in another way. The Council is to update us on this during our remedy compliance check if relevant.
• Make a symbolic financial payment of £500 to recognise the distress and frustration caused by the delay.
• Make a symbolic financial payment of £1000 to recognise the risk of harm/harm caused to Ms X in not having any care and support for nearly a year.

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Agreed action

12. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision to put things right.

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Final decision

13. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman