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
- The complainant, whom I shall refer to as Mr X, complains the Council has not backdated direct payments agreed following a previous investigation.
- Mr X says he believes he may be out of pocket as a result.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I spoke to Mr X about his complaint. I made enquiries of the Council and considered its response and the supporting documents it provided.
- Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
What happened
- 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
- 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.
- 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.
- 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.
- The Council has paid Mr X the backdated payments it should have done. This is not fault by the Council.
Final decision
- I have not found fault by the Council. I have now completed my investigation.
Investigator's decision on behalf of the Ombudsman