Summary: We will not investigate Mr X’s complaint the Council refused his direct payments application for a personal assistant. We would be unlikely to find fault with how the Council made its decision.

The complaint

1. Mr X complains the Council has refused his direct payments application for a personal assistant.
2. Mr X says not having a personal assistant has caused his health to worsen.

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The Ombudsman’s role and powers

3. 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)
4. 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

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

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My assessment

7. Direct payments are monetary payments made to individuals who ask for them to meet some or all of their eligible care and support needs. They enable people to arrange their own care and support to meet those needs.
8. The Care and Support Direct Payment Regulations (2014) set out the legal framework for direct payments. They state direct payments must not be used to pay a close family member who lives in the same household to meet their care needs, unless the council considers it necessary to do so.
9. Mr X asked the Council to agree to Ms Y becoming his paid carer through direct payments.
10. Ms Y told the Council she lived at a different address however she stayed at Mr X’s address most of the time. Further she is registered to pay Council tax for Mr X’s property.
11. The Council considered the request, but decided direct payments were not appropriate in the circumstances. It explained its reasons. It offered an alternative way to meet Mr X’s needs. It also said, if further evidence was provided, it would reconsider its decision.
12. The Council has considered the relevant information before reaching its decision. The Council has also provided a clear explanation as to why it will not agree to the direct payments to enable Mr X to employ Ms Y to provide care as his personal assistant. There is insufficient evidence of fault in the way the Council made its decision to justify further investigation.

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Final decision

13. We will not investigate Mr X’s complaint because we would be unlikely to find fault with how the Council made its decision.

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Investigator's decision on behalf of the Ombudsman