Summary: We will not investigate this complaint about the Council’s decision to move Mr X’s direct payment’s to a managed account. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complained about the Council’s decision to move his direct payments to a managed account. He said the Council did not provide evidence of mismanagement. He said he has less control and the Council did not refund the money he personally paid for his care. He wants the Council to explain why it moved him to a managed account and refund the money he paid his carers.

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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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response the Council said its electronic records documented that it suggested that Mr X move to a managed account in May 2024. It explained Mr X had not managed his carers pay properly.
6. In August 2024 the Council attempted to discuss its concerns with Mr X and he declined a home visit. The Council then made an unannounced visit to Mr X’s home which he did not accept.
7. The Council explained to Mr X in a letter sent in October 2024 that it would move him to a managed account in November 2024. It said it would not affect his care.
8. The Council discussed the move to a managed account with Mr X’s carer and said it needed her bank details which she did not provide.
9. We will not investigate Mr X’s complaint for the following reasons:
• The Council’s direct payment policy statement states direct payments will be terminated if the monies are not being used appropriately or if the scheme is not being managed effectively. The Council attempted to discuss its concerns with the management Mr X’s direct payment account with him and informed him of its decision in a letter. There is not enough evidence of fault to justify our involvement.
• The Council apologised that it made an unannounced visit to Mr X’s home. It explained that the delay in his carer receiving payment was because it was not provided with the bank details requested. It confirmed it had refunded Mr X for the payments he personally made for his care. Further investigation would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman