Buckinghamshire Council (24 004 563)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 15 Sep 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision to revoke direct payments for a care worker who was providing care to her child. Further investigation is unlikely to achieve a different outcome.

The complaint

  1. Mrs B complained the Council revoked direct payments to a care worker of Mrs B’s choice. Mrs B said the care worker had been allowed to form a strong bond with her child. Mrs B said the Council's decision to discontinue payments caused distress, as the child now needs to adjust to a new care worker. Mrs B would like the care worker to be reinstated.

The Ombudsman’s role and powers

  1. 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 may decide not to start or continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

My assessment

  1. Mrs B complained the Council revoked direct payments to a care worker of her choice. Mrs B expressed concerns the Council failed to promptly inform her of the decision to stop these payments. Mrs B said this delay allowed the care worker to form a strong bond with her child.
  2. We will not investigate this matter further. In its complaint response the Council identified learning and gave Mrs B an explanation for its decision. In addition, it provided an apology, and therefore further investigation is unlikely to achieve a different outcome. In any case, we could not direct the Council to reappoint the care worker.

Final decision

  1. We will not investigate Mrs B’s complaint because it is unlikely that further investigation would lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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Investigator's decision on behalf of the Ombudsman

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