Summary: We will not investigate Mr X’s complaint about the Council’s decision to stop the direct payment which enabled a family member to provide care for his three adult children. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision to stop the direct payment which enabled a family member to provide care for his three adult children. He says the Council-arranged care cannot meet his children’s needs. He wants the Council to re-instate the direct payment and allow the family member to resume providing the care.

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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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Direct payments are payments made to individuals who ask for them to meet some or all of their eligible care and support needs. They enable the person (or someone acting on their behalf) to arrange their own care and support to meet those needs.
7. Once a direct payment arrangement is in place, councils must keep it under review. Councils can decide to discontinue a direct payment arrangement if it decides it is no longer appropriate. This may be for a variety of reasons, for example, because it decides the direct payment is no longer meeting the person’s care and support needs, the person no longer needs the care and support, or it considers the direct payment is not being managed appropriately.
8. A family member provided care and support for Mr X’s adult children through a direct payment. Following an incident in 2023, the Council reviewed the direct payment and decided to discontinue it. Instead, the Council arranged their care and support directly through a care agency.
9. Mr X disagreed with this decision and complained to the Council. He said the Council-arranged carers could not meet his children’s needs. He asked the Council to re-instate the direct payment so the family member could resume providing their care.
10. In its complaint response, the Council explained why it had decided to stop the direct payment. It said it considered a Council-arranged care package to be the most appropriate was to provide the care, and so it would not reinstate the direct payment arrangement. It explained how it was working to support the family along with advice and support from appropriate NHS services and professionals.
11. We will not investigate this complaint. Where a council arranges a direct payment to meet a person’s care needs, it must keep this arrangement under review. Councils have discretion to discontinue a direct payment arrangement, if they decide the arrangement is no longer appropriate.
12. In this case, the Council has explained to Mr X why it no longer considers direct payments to be appropriate and this is a decision it is entitled to make. It has made alternative arrangements to ensure his children receive care and support. Although I accept Mr X disagrees with this decision, there is insufficient evidence of fault in how the Council has reached its decision to warrant an investigation.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman