Summary: The Ombudsman will not investigate Ms A’s complaint. This is because the concerns Ms A raises are not administrative functions of the Council requiring an Ombudsman investigation.

The complaint

1. Ms A represents a group concerned about the way councils meet the care needs of people with disabilities and financial assessments, including the way it considers the Minimum Income Guarantee (MIG). Ms A’s group is concerned with the lack of council representation at group meetings.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

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

3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

4. I discussed the concerns with Ms A and considered the information she provided. I sent Ms A my draft decision for comment before reaching a final decision.

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What I found

5. Ms A says she is concerned that councillors from political parties will not attend meetings with the disability group she represents. Attendance at such meetings is not an administrative function of the Council, so the Ombudsman cannot investigate a complaint about it.
6. Ms A says the Minimum Income Guarantee (MIG) is incorrectly applied and does not allow disabled people in the area enough money to live independently.
7. Central Government decides the basis of charging for social care and support and advised councils in circular LAC(DHSC)(2019) 1 on personal expenditure allowances and on the MIG for people receiving care and support. Councils should ensure they have regard to this when assessing a person’s care needs and finances.
8. Any concerns individual members of Ms A’s group have about the way the Council has considered a financial assessment that does not follow government guidance should be raised as an individual complaint with the Council.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because the concerns Ms A raises about councillors are not administrative functions of the Council for the Ombudsman to investigate.

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Investigator's decision on behalf of the Ombudsman