Summary: We will not investigate Ms X’s complaint about the decision from the Council to withdraw her direct payments. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains about the decision from the Council to withdraw her direct payments. She says that she disagreed with this decision, and did not feel that she had support from the Council following the suspension of the payments.

Back to top

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)).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X is unhappy with the Council’s decision to withdraw her direct payments. The Council says that it withdrew the payments after Ms X failed to provide it with financial statements.
6. The policy about direct payments states that “where direct payment is made to a bank account, adults or their nominated or authorised person must complete financial monitoring forms, when requested to do so. The frequency depends on the risk rating of the direct payment”. The policy goes on to state that a failure to meet with the needs of financial reporting can lead to the suspension of the payments.
7. The evidence supports the Council asking Ms X on several occasions for financial statements. Also, that it offered different forms of communication such as a face-to-face meeting. I am satisfied therefore that under the policy the Council had the right to suspend the direct payments.
8. Ms X says the Council failed to support her once it stopped making the direct payments.
9. In the Council’s notes of 6 October 2023, it shows that it spoke to Ms X and had offered a commissioned service in replacement, but it needed her consent to be put in place. On 31 October 2023, a record from the Council shows the adviser had explained to Ms X what a commissioned service was, and Ms X had confirmed that she did not want this.
10. The Council also provided confirmation of extra support available in their letters to Ms X to confirm the suspension of direct payment.
11. Overall, I am satisfied the Council offered alternative care arrangements to Ms X in line with their responsibilities under the policy when direct payments have been suspended.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman