Summary: We will not investigate this complaint about the Council’s response to Mr X’s request for direct payments. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council said it would provide direct payments to enable him and his partner to have respite, but it has delayed responding to his request.

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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. (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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained that he asked the Council for direct payments to enable he and his partner to have respite from caring for their disabled children. He also said the Council had made his children subject to child protection proceedings unnecessarily.
6. The Council invited Mr X to panel, and he requested direct payments to hire his adult child as a carer. The panel heard Mr X’s views and decided not to grant Mr X’s request as his adult child is not suitable to address the child in question’s specific needs.
7. In response to enquiries the Council clarified the children have been made subject to child protection proceedings due to concerns raised regarding their safety.
8. Mr X wants us to find the Council at fault. Mr X has had the opportunity to voice his opinions at panel and the Council has considered it. The Council has explained the rationale for why it has not granted Mr X’s request for direct payments. The Council has provided information showing why it has made the children subject to child protection proceedings. The Ombudsman will not investigate complaints where it is unlikely to uncover fault. There is no evidence of fault in the Council’s actions.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman