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Torbay Council (21 010 736)

Category : Children's care services > Disabled children

Decision : Not upheld

Decision date : 13 Dec 2021

The Ombudsman's final decision:

Summary: Mr X complains the Council has not paid him backdated direct payments. The Council is not at fault.

The complaint

  1. The complainant, whom I shall refer to as Mr X, complains the Council has not backdated direct payments agreed following a previous investigation.
  2. Mr X says he believes he may be out of pocket as a result.

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The Ombudsman’s role and powers

  1. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I spoke to Mr X about his complaint. I made enquiries of the Council and considered its response and the supporting documents it provided.
  2. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

  1. Mr X made a previous complaint to the Council about support it provided to Mr X’s son. The Council agreed to backdate direct payments for Mr X’s son.

Analysis

  1. Mr X says he has found it difficult to keep track of his son’s direct payments because he has been told that the Council issued money but has also clawed some back.
  2. The Council says it deducted £2851.80 from Mr X’s account because there was an underspend. Mr X challenged this and the Council repaid the money. I have seen account evidence from the Council to show this money was repaid to Mr X.
  3. The Council separately backdated direct payments for Mr X’s son and paid £3853.84 into his account. I have seen account evidence from the Council to show this payment was made to Mr X.
  4. The Council has paid Mr X the backdated payments it should have done. This is not fault by the Council.

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Final decision

  1. I have not found fault by the Council. I have now completed my investigation.

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Investigator's decision on behalf of the Ombudsman

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