Summary: We will not investigate this complaint about a reduction in Mr X’s care and support. There is insufficient evidence of fault in how the Council made its decision, so we cannot question the outcome.

The complaint

1. Mr X complained about the Council’s decision to reduce his care and support, including some night hours, despite medical advice. He said this caused him significant distress and he worries he might need assistance at times when there is no support present. He wanted the Council to reinstate his previous hours.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

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

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My assessment

5. Mr X previously received direct payments from the Council to employ a personal assistant for 29 hours plus three sleep-ins weekly. His schedule for support was not consistent over seven days; instead, he received periods with support and two breaks of more than 48 hours in between.
6. The Council recently reassessed Mr X’s needs for care and support. It considered Mr X’s eligible needs and what level of support would meet these. It considered that Mr X’s need for urgent assistance due to his medical condition had become more stable. It considered that Mr X had not been receiving nighttime support for four of seven days and this supported the assessment outcome which was that he did not have a need for nighttime support. It explained his needs could be better met with support spread out over more days, rather than having some days with support and some with none. The Council recognised Mr X would experience distress about a reduction in his support and therefore offered to carry out a phased reduction.
7. Where a Council has made a decision without fault, we cannot question the outcome of that decision. There is insufficient evidence of fault in the Council’s decision-making process – it considered Mr X’s concerns, but explained why it had come to the decision to reduce his direct payments as its assessment indicated his needs could be met with reduced hours. It is not for the Ombudsman to substitute our judgement for the professional judgement of the Council, where the decision has been made properly. We will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council came to its decision.

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Investigator's decision on behalf of the Ombudsman