Summary: We will not investigate this complaint about delay in the Council issuing a personal budget payment for Mr X’s child. This complaint does not meet the tests in our Assessment Code. The Council has already apologised and explained what will do to improve. Further investigation by us could not achieve a different outcome.

The complaint

1. Mr X complains two-month delay in the Council issuing a personal budget payment for his child’s education. He complains the Council has not answered his questions about statutory regulations for personal budget payments. Mr X says the delays have caused him, and other parents in the Council’s area, extreme distress and frustration.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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Final decision

5. We will not investigate this complaint because the Council has already investigated and apologised for the delay in issuing the payment to Mr X. The Council has explained the action it is taking to improve the payment process to ensure it complies with statutory regulations. The Council has also published an apology and explanation on its website for others similarly affected. We will not investigate because further investigation could not provide a different outcome to those already achieved.

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Investigator's decision on behalf of the Ombudsman