Summary: We will not investigate Mr X’s complaint about the Council’s decision to decline his application for a one-off carer’s direct payment. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council’s decision to decline his application for a one-off carer’s direct payment.

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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 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))
3. 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

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 provides care and support to his mother. Mr X says he shares the caring responsibilities with his sister equally.
7. In 2022, the Council completed a carer’s assessment for Mr X which identified he had eligible carer’s needs. The social worker recommended a carer’s one-off direct payment to enable Mr X to continue with his caring role and to prevent carer breakdown.
8. In November 2023, Mr X applied for another carer’s direct payment. The Council completed another carer’s assessment for Mr X in February 2024. The assessment identified Mr X shared the responsibility for caring for his mother with his sister and that he provided support to his mother seven days a week. The assessment also noted Mr X had eligible carer’s needs and that his caring responsibilities took a toll on him physically and emotionally.
9. The Council identified that Mr X would benefit from support from various community services and signposted him to these. The Council also noted that while Mr X stated he would benefit from physiotherapy and counselling, these were health related needs and so Mr X should contact his doctor for support.
10. I asked the Council to provide all related policy and guidance related to the award of the one-off carer’s direct payment. The information provided were mainly related to direct payment for individuals with care and support needs, rather than for carers. The Council’s practice guidance does note that direct payments can be offered to eligible carers following completion of a carer’s assessment if the carer has been identified as having eligible needs.
11. As there is no set policy or criteria for awarding a one-off carer’s direct payment, this means the decision on whether to give the award is the professional judgment/discretion of the social worker. While the Council did agree to award the one-off payment in 2022, this does not mean it is required, or obliged, to make the same decision in 2024.
12. In this case, the Council appropriately completed a new carer’s assessment to identify if Mr X had eligible carer’s needs in 2024. The assessment identified Mr X did have eligible carer’s needs but the Council was satisfied there were available community organisations that could provide suitable support with Mr X’s emotional and mental wellbeing. The Council was also satisfied the support Mr X wished to use the one-off direct payment on was related to his health needs.
13. An investigation is not justified as we are not likely to find fault. This is because there is no evidence the Council’s decision making was flawed. Therefore, the social worker can exercise their professional judgment to determine what support to provide to meet Mr X’s eligible carer’s needs.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman