Summary: We will not investigate Mr X’s complaint about the Council forcing him to accept direct payments due to his preferred care provider not being on the Council’s provider list. He says he struggled to manage the administration responsibilities. This is because an investigation would not lead to any worthwhile outcomes.

The complaint

1. Mr X complains he was forced to accept direct payments as his preferred care provider was not on the Council’s provider list. Mr X said he struggled to manage the administration responsibilities that came with direct payments due to his disability.

Back to top

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 an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X previously received a managed service. However, he was not happy with the service provided and so sourced a new care provider. As the provider Mr X found was not on the Council’s list of registered providers, the Council was not able to provide this as a managed service. The Council offered Mr X direct payments so he could commission his preferred provider.
6. Mr X said he struggled with the administration responsibilities that came with direct payments. The Council said it had sourced an organisation that could offer support with the administration tasks and that this had been offered to Mr X.
7. The Council said Mr X’s care provider applied to join its provider list at the end of December 2023. The Council confirmed the provider was successful and that Mr X had been moved across to a managed service.
8. An investigation is not justified as there are no worthwhile outcomes achievable. This is because Mr X has now been moved to a managed service, which was the outcome Mr X wanted.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because an investigation would not lead to any worthwhile outcomes.

Back to top

Investigator's decision on behalf of the Ombudsman