Hampshire County Council (18 019 889)

Category : Adult care services > Assessment and care plan

Decision : Not upheld

Decision date : 13 Oct 2019

The Ombudsman's final decision:

Summary: Mr C complained that the Council failed to carry out an assessment of his care needs. However, the Council provided evidence showing that it did assess Mr C’s needs, and there is no evidence of fault it carried out its assessment.

The complaint

  1. The complaint, whom I shall refer to as Mr C, complains that the Council failed to carry out an assessment of his eligible needs under the Care Act 2014.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
  2. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. As part of the investigation, I have:
    • considered the complaint and the documents provided by Mr C; and
    • considered documents provided by the Council; and
    • communicated with Mr C about his complaint.
  2. I also sent a draft copy of this decision to both parties and invited their comments.

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What I found

Care Act 2014

  1. Sections 9 and 10 of the Care Act 2014 say councils must assess the needs of an adult who appears to need care and support. The council must do this regardless of whether it thinks the person has eligible needs and regardless of the person’s finances.
  2. After assessing the total extent of a person’s needs, the council should consider which are eligible needs under the Care Act 2014. The guidance says councils must consider whether:
      1. The adult’s needs are due to a physical or mental impairment or illness.
      2. The adult’s needs mean they cannot achieve two or more specified outcomes.
      3. As a consequence of being unable to achieve those outcomes there is, or is likely to be, a significant impact on the adult’s wellbeing.

Eligible needs are those that meet all of these conditions (a-c).

  1. The outcomes referred to in b) above include:
    • maintaining personal hygiene,
    • managing food preparation,
    • maintaining a habitable home,
    • maintaining significant relationships and
    • accessing the community.
  2. The guidance says: “being unable to achieve these outcomes” includes being able to achieve them with assistance or achieving them without assistance but where “it takes significantly longer than would normally be expected”.

What happened

  1. Mr C contacted the Council and requested it carry out an assessment of his care needs. Mr C said that this was necessary because he had recently been deregistered with his GP and because he felt he was incorrectly banded on the housing register.
  2. The Council says it asked an assessor to carry out the assessment. It has provided the assessment, which shows it considered whether Mr C had eligible needs across the range of outcomes set out in the Care Act.
  3. The assessor recorded that Mr C appeared to be able to maintain his personal care, noting that he was appropriately dressed clean and presentable. Mr C said he was unable to get in or out of the bath, so the assessor said that if he wanted she could make a referral to an occupational therapist.
  4. The assessor recorded that Mr C did not look under weight. Mr C said that he eats well, although is unable to prepare and cook meals from scratch. He said that he can shop independently and either eats out, or eats ready meals or sandwiches.
  5. Mr C told the assessor that he can maintain his home and has no issues with his neighbours. However, he did say that he wanted to be moved into accommodation for people over 55. The assessor recorded that Mr C’s Housing Association had not raised any concerns about his property.
  6. The assessor recorded that Mr C could access his local community. He took the bus to the assessment and told the assessor that he visits local tourist attractions. The assessor noted that Mr C was not register with a GP, but that he was addressing this via a complaint with the Parliamentary and Health Service Ombudsman.
  7. The assessor did identify that Mr C had issues in relation to social inclusion. However, they concluded that these needs could be met in the community and referred Mr C to various local groups which could engage him in activities to meet local people.
  8. The Council wrote to Mr C to inform him that, whilst he did have issues regarding social inclusion these could be met in the community and provided him with details of community projects in the area.

Analysis

  1. Mr C complains that the Council failed to carry out an assessment of his needs.
  2. However, the Council have provided evidence showing that an appropriately qualified Council officer did carry out and assessment of Mr C’s needs. The assessment covered all the outcomes set out in the Care Act 2014.
  3. In relation to Mr C’s issues with social inclusion, the Council concluded that these needs could be met in the Community and provided Mr C with details showing how he can access them.
  4. I have seen no evidence of fault in how the Council carried out Mr C’s assessment. We cannot question the Council’s decision where it is made without fault.

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Final decision

  1. I have concluded my investigation on the basis that there is no evidence of fault in how the Council dealt with this matter.

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Investigator's decision on behalf of the Ombudsman

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