Summary: We will not investigate this complaint about the Council’s decision to stop direct payments. This is because some complaint matters are late and there is no good reason to exercise discretion to consider them. In addition, of the matters remaining, there is not enough evidence of fault.

The complaint

1. Mrs X complained that the Council stopped her sons’ direct payments and asked for debt to be repaid. Mrs X also complained about the Council’s communication.
2. Mrs X complained this has left her son without one-to-one care and that it is an irreparable loss.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained there were failings in the Council’s communication which resulted in direct payments, and support for her son, being stopped.
8. We will not consider the Council’s actions before April 2024. This is because Mrs X would have been aware of the complaint matter at the time. Therefore, it is reasonable to expect Mrs X to have complained about this matter earlier.
9. The Council have provided evidence of its consideration of its decision to stop payments in mid-2024. This included requests for information from Mrs X, which is line with its direct payment agreement it had with Mrs X, followed then by a notice period where the payments would be stopped.
10. The Council have confirmed it had not told Mrs X the debt would be recovered, and this has not been actioned.
11. An investigation is not justified because it is unlikely we would find fault with the way the Council made its decision.

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Final decision

12. We will not investigate Mrs X’s complaint because some matters are late and there is no good reason to exercise discretion to consider the late complaint. In addition, there is not enough evidence of fault of the matters remaining.

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Investigator's decision on behalf of the Ombudsman