Summary: The Ombudsman will not investigate Ms B’s complaints about care and support provided to her by the Council. This is because it is unlikely any further investigation by the Ombudsman could make a different finding to that already provided by the Council.

The complaint

1. Ms B says the Council has failed to provide her with the care and support she has been assessed as needing, will not communicate with her and has left her without care and support.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘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 believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information and documentation provided by Ms B and the Council. I sent Ms B a copy of my draft decision for comment.

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What I found

4. Ms B complains she has not received the care, support and communication she needs.
5. The Council investigated Ms B’s complaints and provided Ms B with a response in November 2019.
6. The Council says its records show a care needs assessment was completed in November 2017. It acknowledged it did not follow up the eligible needs identified in the assessment until January 2018 when it discussed with Ms B about having a short break and a personal budget. It said it may have difficulty in arranging a care package, but Ms B said she wanted to engage her own carers/support. The Council says Ms B was unable to find a suitable care package. It says in February 2018 a possible care agency was identified, and a personal budget put in place.
7. The Council says in February 2018 Ms B and her daughter presented at Council as potentially homeless. They were given advice and a referral was made to the Welfare Team. Ms B was taken by council staff to see a homeless presentation, given advice on next steps and returned to her home.
8. The Council says it received a call from Ms B’s carers concerned there was no food in the property. The Council says it responded the same day with an additional shopping call and follow up telephone call.
9. The Council says on 15 March 2018 it provided Ms B with information about accessing Community Lift for support with transport to hospital appointments and on 23 March supported her to view a flat.
10. Ms B complained she had not been supported to complete the Personal Independence Payment (PIP) form or appeal against it when it was not awarded.
11. The Council says it did support Ms B to complete her PIP form and jointly visited Ms B on two occasions with staff from the Welfare Team. It says following the second visit it sent the form off on her behalf.
12. The Council says it reviewed Ms B’s care needs in April, June and November 2018.
13. The Council says concerns Ms B raised about her accommodation were passed onto the housing department.
14. The Council says Ms B contacted it in January 2018 concerned about finances due to a reduction in her income. The Council says it referred this to housing support and chased the referral up in February asking it to treat the matter as urgent. 30 hours of support was agreed in April and contracted with a care provider in in July 2018.
15. Ms B complains Council staff have been unprofessional and have not supported her or communicated with her.
16. The Council says it has considered her concerns, discussed matters with her and met with her. It says there is no evidence she has been denied the opportunity to speak to a Manager. It upheld Ms B’s complaints that she was not given a copy of her January care plan until she asked for a copy in July and said it should have acted immediately when she indicated she would end her life by not drinking.
17. The Council’s independent investigation report recommended;

• staff are to ensure essential paperwork is scanned on the system in a timely manner;
• copies of care and support needs assessments are sent to service users when completed and recorded on the system;
• welfare rights officers are to consider adding a tracker/diary reminder to appeals so they are followed up in a timely manner;
• staff to alert service users who have stated an intention to end their life that contact has been made with the mental health response team the same day.

18. The Council also advised Ms B and her family of the emergency numbers to call if such situations arise again in the future.
19. Ms B does not feel she has been supported by the Council; however, records show occasions when she has contacted it and requested advice or support it has provided this. When she asked to speak to a Manager she has spoken to one. Ms B has been supported to complete her PIP form and appeal against the decision. She has been given advice and information about other agencies and support networks. It is unlikely any further investigation by the Ombudsman could add to the Council’s findings or make a different finding to that already provided to Ms B.

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Final decision

20. The Ombudsman will not investigate this complaint. This is because it is unlikely any further investigation by the Ombudsman could make a different finding to that already provided by the Council.

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Investigator's decision on behalf of the Ombudsman