Summary: We will not investigate this complaint about the Council not providing sufficient funding to ensure Ms X’s child receives the care and support he needs safely. This is because there is insufficient evidence of fault in the way the Council made its decision regarding the amount it will pay Ms X as a direct payment.

The complaint

1. Ms X complains the Council has not provide sufficient funding to ensure her child receives the care and support he needs safely.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2019, Ms X commissioned a care provider to provide her son’s care package. Ms X terminated the support package in February 2022 due to concerns about the service.
6. Ms X asked the Council to provide a direct payment to allow her to employ personal assistants (PA) to provide her son’s care. The Council agreed to a direct payment of £13.90 per hour. This was above the Council’s agreed direct payment rates for social care of £11.36 per hour. The Council explained it agreed to this higher rate to recognise the child’s additional needs.
7. The Council also confirmed the payment would cover the PA’s wage of £12 per hour and the remaining £1.90 was to cover employment costs.
8. The Council has discretion to consider a higher rate for direct payments. In this case, the evidence shows the Council did use its discretion as it agreed to £13.90 per hour, rather than the set rate of £11.36 per hour.
9. The role of the Ombudsman is to review how a council made its decision. We cannot overturn a council’s decision, or replace it with our own, if there is no evidence of fault with the way the Council made its decision.
10. In this case, the Council demonstrated it considered Ms X’s circumstances and the needs of her son. This is reflected in the Council’s decision to agree to a higher direct payment than normal. While I appreciate Ms X disagrees with the amount reached by the Council, as there is no evidence to suggest there was any fault in the way the Council made its decision, it was a decision it was entitled to make.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault with the way the Council made its decision regarding the amount it will pay Ms X as a direct payment.

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Investigator's decision on behalf of the Ombudsman