Summary: We will not investigate this complaint about changes to Direct Payments when Mr Y transitioned to Adult Social care. This is because further investigation would not lead to a different outcome.

The complaint

1. Mrs X complains on behalf of Mr Y that the Council did not make fair and consistent decisions about his Direct Payments. She also complains the Council did not provide clear guidance or plan properly for his transition from Children's Services to Adult Social Care.
2. Mrs X says the Council's decisions placed Mr Y at a disadvantage compared with others with similar needs whose attendance at community and club activities was funded. She says she has spent significant time and effort challenging the Council's decisions, which has affected her wellbeing and reduced the time she can spend supporting Mr Y.
3. Mrs X wants the Council to acknowledge its shortcomings and make service improvements, so families receive clear guidance and decisions are made fairly and consistently.

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The Ombudsman’s role and powers

4. 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:

• further investigation would not lead to a different outcome, or
• we could not add to any previous investigation by the organisation, or
• there is no worthwhile outcome achievable by our investigation.

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

5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. After Mrs X complained to the Ombudsman, the Council responded to her complaint about the use of Direct Payments. It reinstated the previous Direct Payment arrangements, reviewed whether Mr Y needed additional support, and acknowledged the impact of its failings on both Mrs X and Mr Y. The Council also said it was delivering staff training on the flexible and creative use of Direct Payments. I consider further investigation is unlikely to achieve a different outcome.
9. Mrs X also complained to the Ombudsman that the Council did not provide clear guidance or adequate planning for transition from Children’s Services to Adult Social Care. I do not consider the Council has had the opportunity to reply to this aspect of Mrs X’s complaint. Mrs X should complain to the Council in the first instance but can return to the Ombudsman if she is unhappy once she has received its response.

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Final decision

10. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman