Summary: We will not investigate Ms X’s complaint about the Council’s decision to withdraw her direct payments. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about a Council decision to withdraw her direct payments. She says the decision has led to a reduced quality of care which is impacting on her health and wellbeing. She wants the Council to reinstate her direct payments.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Direct payments are monetary payments made to individuals who ask for them to meet some or all of their eligible care and support needs. They enable people to arrange their own care and support to meet those needs.
7. The Council’s direct payment policy sets out how it administers direct payments. The policy states it may decide to end a direct payment in certain circumstances. These include if it considers funds are being mismanaged, or there is any indication of fraudulent activity.
8. In its complaint response the Council explained to Ms X the reasons for its decision to withdraw her direct payments.
9. We will not investigate this complaint as there is insufficient evidence of fault. Although I accepts Ms X disagrees with the decision, the Council has discretion to decide to withdraw direct payments in certain circumstances. The Council has appropriately explained to Ms X its reasons for withdrawing her direct payments. There is insufficient evidence of fault in how it has reached its decision and so we cannot question the decision made.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman