Summary: We will not investigate this complaint about how the Council assessed Ms X's care and support needs. That is because there is insufficient evidence of fault in the Council’s actions to warrant further investigation.

The complaint

1. Ms X complained about the Council’s assessment of her care and support needs. She said it had not allocated enough hours to support her with domestic tasks including preparing meals, shopping, laundry and spending time in the community.
2. She was also unhappy with the Council’s financial assessment. She said it had failed to consider her household and disability related expenditure.

Back to top

The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Council completed a care needs assessment review for Ms X in July 2021. It assessed her as needing four visits a day to support her with personal care, meals, medication and a small amount of housework.
8. The Council also assessed Ms X as needing a further six hours of support for laundry, domestic tasks, community access and shopping. Ms X contacted the Council as she was unhappy with this number of hours.
9. The Council’s care and support review and complaint response indicates it considered the issues Ms X raised and how she could use the six hours more economically. The Council:
• Offered to support Ms X with a grant to buy a washer/dryer, therefore reducing the need for a carer to take her washing to the launderette weekly. It also suggested a dehumidifier and drying rack.
• Explained it had allocated time to prepare meals, but it could not cook Ms X’s meals from scratch.
• Suggested Ms X could use on-line shopping. It explained this approach promoted independence and was best value in delivery of services.
• It suggested exploring other community groups to provide further support in the community.
10. Although Ms X disagrees with the Council’s assessment of her care and support needs, we can’t question the Council’s assessment where it is made without fault. The Council has considered Ms X’s concerns and provided suggestions of how she could meet her needs. There is insufficient evidence of fault in how the Council undertook that consideration, therefore we will not investigate further.
11. The Council’s case records indicate it completed a review of Ms X’s financial assessment in August 2021, and a further review in February 2022. In both letters to Ms X it explained that she would need to provide evidence of any disability related expenditure. It also made adjustments for extra laundry, water use and dietary costs. There is insufficient evidence of fault in how the Council completed those assessments to warrant further investigation.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault in the Council’s actions to warrant further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman