Summary: We will not investigate this complaint about use of direct payments for a carer who is meeting adult social care needs. There was some delay by the Council to arrange a review, but it did not cause a significant injustice. The review has not taken place, but that is the choice of the complainant. We are satisfied with the actions the Council took in response to the complaint. The parties now need to agree the review to decide the support plan.

The complaint

1. Ms B says the Council suspended her direct payment without notice, lawful reassessment, or written explanation. This made Ms B anxious and impacted on her wellbeing and ability to fulfil her caring role. Ms B wants the Council to acknowledge the error and allow her to use direct payments for cleaning until a reassessment takes place. Ms B wants an apology and symbolic payment.

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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:

• any fault has not caused significant enough injustice to the person who complained to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. Ms B helps to meet the adult social care needs of her relative, Ms C. The Council gives Ms B a direct payment to meet her needs as a carer as set out in her support plan.
7. The Council found Ms B was spending the direct payments on cleaning which was not listed on the support plan. Although Ms B had some previous discussion about this it had not been formally agreed and added to the support plan. Ms B had spent the annual direct payment and so the Council suspended it so she could not spend more and get into debt. The Council can suspend direct payments that are being misused, and technically Ms B’s was, because she was not spending it on something listed in her support plan. The Council’s policy does not specify a timescale or any actions it must complete before suspending. The Council explained it needed to review the support plan to agree any changes. This is the normal process.
8. Although Ms B felt anxious at being questioned about the use of her direct payments, it was not fault of the Council to ask. The Council has a duty to ensure public funds are spent correctly and was concerned at the amount Ms B is spending on fortnightly cleans and whether this could be achieved for a cheaper cost. This can be discussed at review and the support plan and budget updated if cleaning is agreed. If Ms B wanted to continue with the current cleaning company at a higher cost than the personal budget the Council will agree, she may be able to top-up and still use that company. Ms B has not yet agreed to the review as was awaiting the outcome of her complaint.
9. There is some fault by the Council in delaying the review of the direct payments and audit of the account, specifically after Ms B had asked about making changes to include cleaning, this should have triggered a review. But that has not caused a significant injustice as the Council has not asked Ms B to repay the money spent on cleaning. Once it identified an issue it acted correctly. The ongoing delay is caused by Ms B’s decision not to accept a review.

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Final decision

10. We will not investigate Ms B’s complaint because we are satisfied with the actions the Council took in response to the complaint. It is unlikely an Ombudsman investigation would add anything further. Ms B and the Council need to agree a review of Ms B’s support plan to resolve whether to add cleaning to the support plan and to decide the personal budget.

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Investigator's decision on behalf of the Ombudsman