Summary: We will not investigate this complaint about the Council’s delay responding via its professional escalation process about contractual issues. The issues have been resolved since Miss B complained to us. There is no worthwhile outcome achievable by our investigation.

The complaint

1. Miss B complains about the Council’s failure to communicate with her care provider where she is the Responsible Individual. Miss B says she has tried to escalate contractual issues between the care provider and the Council using different access points over the last two years. She says the lack of communication from the Council has led to the care provider facing a substantial financial loss. Miss B says the care provider cannot reduce or stop the care and support associated with the contract because of the significant risk of harm to the person receiving care and support the Council is responsible for. Miss B wants the Council to take responsibility and resolve the contractual issues. She also says it should be accountable for its lack of action, communication and its failure to follow its policies and procedures.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough 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, 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; or
• there is no worthwhile outcome achievable by our investigation.

(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 including the Council’s correspondence.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss B says the Council contacted her organisation in 2023 asking for evidence of all fees the Council was responsible for. She said this prompted the care provider to review the costs associated with the contract as this had not happened for a few years.
6. Miss B said as the Responsible Individual she provided the Council with the information it had asked for. She also asked it to review the costs associated with the contract to provide services to an individual the care provider had provided care and support to for around 30 years.
7. Miss B says she continued to communicate with the Council over the last two years but did not receive a satisfactory response from the Council. Miss B and the Council continue to communicate between June and July 2025. Miss B asked the Council to provide a named contact and its internal policies for escalation. She said she wanted to make a formal complaint.
8. In September 2025 the Council told Miss B it could not consider a complaint under its complaints process as the issues related to contractual arrangements. It said it needed to address the matter as a professional escalation and provided a contact name. Miss B told the Council she had previously done this and shared her concerns with the named contact, but she did not receive a satisfactory outcome.
9. Miss B told us the Council did arrange to meet with her organisation in November 2025. She confirmed both parties had reached a partial agreement and resolution.
10. We will not investigate this complaint because there would be no worthwhile outcome achievable by our investigation. The Council responded to the professional escalation and arranged a meeting with the care provider. Miss B accepts the partial resolution as a satisfactory outcome.

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Final decision

11. We will not investigate Miss B’s complaint because there would be no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman