Summary: We will not investigate this complaint about payment for adult social care. This is because there is not enough evidence of fault in the Council’s decision making.

The complaint

1. Ms B says the Council will not pay her for 24-hour care she provided to her relative, Ms C, at the end of Ms C’s life. Ms B gave up other work to be there for Ms C at the end, so is financially disadvantaged and upset.

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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, or
• further investigation would not lead to a different outcome.

(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. Ms C was receiving direct payments to meet her adult social care needs at home and employed Ms B. Ms C became ill and Ms B stayed with her 24 hours for over a week until she sadly died.
7. Ms B has asked the Council to pay her for this time. The Council has refused because it had not assessed Ms C needed 24-hour care and so there was no agreement to fund these hours.
8. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. Ms B disagreeing with the Council’s decision is not evidence of fault in the Council’s decision or the way it has investigated.

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Final decision

9. We will not investigate Ms B’s complaint because there is not enough evidence of fault to justify an investigation. The Council decided not to fund 24-hour care at the end of Ms C’s life, it is entitled to make this decision. It is unlikely an Ombudsman investigation would achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman