Summary: We will not investigate this complaint about the Council not replacing a bed like for like, to meet Mr B’s adult social care needs. This is because the Council has explained the reasons it will only provide a single bed, and there is not enough evidence of fault in how it made that decision. The larger bed was privately bought, and Mr B would need to do the same again.

The complaint

1. Mr B says the Council has failed to replace his bed like for like. Mr B finds the smaller bed uncomfortable.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B contacted the Council when his privately owned bariatric bed broke. The Council ordered a hospital bed for delivery that day.
7. The new bed is a single bed, which Mr B says does not meet his needs. The Council has spoken with Mr B about his concerns and explained why it will only provide a single bed. The Council has explained if Mr B wants a larger bed, then he will need to buy it himself, as he had done previously.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence of fault by the Council. The Council must meet Mr B’s needs, it does not have to meet his preferences. The Council has explained its reasons for only providing a single bed. Though Mr B disagrees with this decision, there is not enough evidence of fault in the Council’s decision-making process to justify an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman