Summary: We will not investigate Miss X’s complaint about the Council’s decision not to back date a children services short breaks allowance. It is unlikely we would find fault.

The complaint

1. Miss X says the Council should have told her about ‘short breaks’ eligibility in April 2023 and should now backdate that eligibility.

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

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My assessment

5. Miss X says she provided the Council’s special educational needs (SEN) team in April 2023 with evidence, Y, for whom she is their mother, received higher rate disability living allowance (DLA). She says in December 2023 she found out she could be entitled to a short breaks allowance because they received higher rate DLA. She applied and was successful. She says this should be back dated to when she first told the Council.
6. In reply to her complaint, the Council said its SEN officers were specialist in SEN matters and could not advise on general support given by children services to children in need. It said it would not back date the support.
7. It is unlikely we would find fault in the Council’s decision not to back date the short breaks’ allowance.

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Final decision

8. We will not investigate Miss X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman