Summary: We will not investigate this complaint about the support the complainant receives from the Council and the amount he is charged for that support. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council does not provide enough Occupational Therapy support and is over-charging him because he is not receiving that support. Mr X says he is being charged for a service he is not getting.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes information about the role of the Occupational Therapist (OT) and Mr X’s support plan. I considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. Mr X receives two hours of care a day, seven days a week. The care package covers support with eating and drinking, personal hygiene, dressing, toilet needs, staying safe and making the home habitable. The support costs £532 a week. Mr X currently pays £175 a week towards the cost.
5. The support plan does not include the help provided by the OT. The OT has helped to arrange the provision of equipment and provides support to carers to help them care for Mr X. The OT continues to visit Mr X but is not required to visit every day.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X complains about his care costs because he is unhappy with the support provided by the OT. But, the care costs are for the daily care he receives from his carers and the cost does not include any support from the OT. In addition, the OT is not required to visit daily but rather to provide support so Mr X can safely use the equipment and to support the carers who assist Mr X.

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Final decision

7. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman