Summary: The Ombudsman will not investigate Mrs B’s late complaint about the Council’s decision not to award her mother, Mrs C, direct payments under its discretion to do so. This is because the complaint is late and there is no good reason for the Ombudsman to exercise his discretion to investigate now.

The complaint

1. Mrs B says her mother should receive direct payments for her care so she can employ a care provider of her choice and be reimbursed for the 90 weeks of care she has paid for but should have had direct payments so she can employ a carer of her choice.

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The Ombudsman’s role and powers

2. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered the information and documentation Mrs B and the Council provided. I sent Mrs B a copy of my draft decision for comment. I discussed the concerns with Mrs B and considered the information and documentation she provided.

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What I found

4. Mrs B is unhappy she has been refused direct payments to pay for Mrs C’s care.
5. Mrs B complained to the Ombudsman about this matter in 2018. The Ombudsman investigated Mrs B’s concerns and found the Council had not considered whether Mrs B’s application should have been considered as an exception to the usual policy. He recommended the Council change it procedures to ensure it has exceptions to its policy for direct payments and reassess Mrs B’s application under this procedure.
6. The Council reassessed Mrs B’s application in January 2019 and refused her application. Mrs B reapplied in May 2019 and the Council advised her in June 2019 she did not meet the criteria for an exception on the grounds she refused to employ a personal assistant, would not implement a Service Level Agreement or ensure to check her care provider’s suitability with Data Barring Services (DBS) and CQC.
7. The Ombudsman will not investigate this late complaint. Mrs B could have come to the Ombudsman in June 2019 if she was unhappy with the Council’s decision to refuse her direct payments under its new policy which included exceptions to the usual policy. Mrs B says she did not come sooner because of the coronavirus situation, she was speaking to her MP and was trying to appeal the process with the Council. However, the Council told Mrs B in June 2019 it would not consider her application or request further, so she could have come to the Ombudsman then.
8. In any event it is unlikely the Ombudsman would find enough evidence of fault with the Council’s decision. Although Mrs B disagrees with it, the Ombudsman cannot challenge the merits of decisions if taken without fault.
9. Unless Mrs B agrees to consider council commissioned services, which according to Mrs C’s assessed needs, might include the need for two carers, or she is prepared to use a care agency registered with the CQC and employ personal assistants to provide the care, the question of having one or two carers is immaterial.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because there is no good reason for him to exercise his discretion to investigate this late complaint.

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Investigator's decision on behalf of the Ombudsman