Summary: The Ombudsman will not investigate this complaint about a needs assessment. This is because there is nothing that we could add to the Council’s investigation of the matter, and there is no fault in its refusal to provide the outcome that the complainant wants.

The complaint

1. The complainant, who I shall refer to here as Mrs M, complains on behalf of her husband, Mr M, that the Council:
• Did not carry out an assessment of his needs properly;
• Made an incorrect decision that he does not need residential care;
• Has not provided an adequate remedy for the errors in the assessment process;
• Has refused to take responsibility to meet his needs at the present time; and
• Has refused to travel to Ireland to carry out a re-assessment of his needs.

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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
• it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information provided by Mrs M, and I have sent her a draft decision for her comments.

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What I found

4. Mr and Mrs M currently live in Ireland, but plan to return to England to live permanently on the Isle of Wight. As Mr M has care needs, that he and his wife feel would be best met in a residential setting, they travelled to the Isle of Wight so that he could undergo a formal needs assessment. This was with a view to obtaining a Council funded residential placement.
5. The assessment did not make a finding that Mr M needed residential care, however. Mr and Mrs M appealed against the decision, but the decision was upheld.
6. Mrs M then made a complaint to the Council on behalf of Mr M, stating that the assessment was not carried out correctly, in line with the regulations.
7. The Council investigated the complaint, and upheld the part of it relating to following correct procedures, particularly those regarding the provision of adequate, accurate information. It pointed out that although the appeal upheld the original decision, based on the information available at the time, additional information and evidence should be sought regarding the impact of cognitive issues on Mr M’s physical abilities. The Council therefore apologised for the errors, and offered a fresh assessment.
8. Mrs M was dissatisfied with the outcome, as she argued that the Council should cover the costs of travelling to the Isle of Wight for another assessment, or that it should accept a Self Assessment.
9. The Council has refused these desired outcomes. It says that Self Assessment would not be appropriate given the difference of views and evidence required in relation to Mr M’s medical and cognitive difficulties. It also says that it has no duty to cover costs of travel to assessment. Further, it says that it has no current duty to meet Mr M’s needs as he is not resident on the Isle of Wight. It says that if he moves and settles there as planned, it will re-assess his needs, taking into account the issues raised about the previous assessment.
10. Mrs M has now complained to the Ombudsman, but I will not investigate the complaint. This is because I could not add anything further to the Council’s investigation. I appreciate that Mr and Mrs M are not satisfied with the outcome, but I do not regard the Council’s refusal to provide additional remedies as fault. A fresh assessment is the outcome that we would seek, and this has been offered. We would not expect the Council to pay travel costs for Mr and Mrs M as they are not currently resident in its area and it was their decision to travel there for an assessment before moving. The Council has no duty to provide for Mr M’s needs until he is present in the Council’s area in person.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because we could not add anything further to the previous investigation by the Council, and there is no fault in its refusal to provide the desired outcome.

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Investigator's decision on behalf of the Ombudsman