Summary: Mr A complains the Council has commissioned a service that does not provide suitable autism support. Mr A complains this means he cannot access specialist support for his autism. The Ombudsman does not find fault with the Council for how it commissioned services. This is because there is no fault in how the Council made the decision to commission services.

The complaint

1. Mr A complains the Council has commissioned an unsuitable organisation to provide autism services in the community.
2. Mr A complains the lack of services has directly impacted him, and that he cannot access specialist support.

Back to top

The Ombudsman’s role and powers

3. 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)
4. 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

Back to top

How I considered this complaint

5. I considered Mr A’s complaint and information he provided. I also considered information from the Council. I considered comments from Mr A and the Council on a draft of my decision.

Back to top

What I found

What happened

6. Mr A has a diagnosis of autism. In August 2020, the Council carried out an assessment of his needs. The Council assessment showed that Mr A had one eligible care need and therefore did not meet the criteria for a package of support from the Council.
7. The Council signposted Mr A to specialist services within the community for Autism.
8. Mr X complained to the Council about the lack of suitable services provided by the organisation responsible for autism. In its final complaint response, the Council set out the services available to Mr X in the community.
9. Mr A was still not satisfied, and complained to the Ombudsman as he felt a specialist organisation needed to be commissioned to provide services.
10. Mr X complains the Council has not commissioned specialist autism services. He complains the Council has commissioned a service that treats autism as a mental health condition and doesn’t provide the support that he and other people with autism may need.

Analysis

11. As part of my investigation, I asked the Council to show how it considered what services could be provided for people with autism during its commissioning process.
12. The Council explained the process for commissioning autism services started in 2016. The Council advertised the opportunity and multiple organisations submitted bids to provide services. Each organisation was subject to an evaluation and interview by the Council.
13. The Council scored the organisations that had bid and identified an organisation with the highest score. It awarded the contract for services to this organisation. The organisation set out how it would provide community outreach support for people with autism. The service was commissioned on a 12 month period, and is subject to review.
14. The latest review was carried out in 2020, and the Council was satisfied the organisation has been able to meet the needs of the community. The current support includes:

• supporting individuals to have a better understanding of their diagnosis
• managing their sensory difference
• feel an improvement in relationships and socialising
• be more able to participate in the community
• feel more confident dealing with problems
• better manage their home environment
• better manage their work environment
• feel an improvement in their overall physical and mental wellbeing
• have improved independent living skills
• prevention of escalation of mental health issues

15. The Council detailed the support also includes

• One to One sessions starting with an assessment and continuing for 10 sessions whilst working on areas of focus and developing goals
• Weekly Peer Support Groups
• Education Programmes

16. Additionally, the Council has also said the service is due to be retendered next year. Organisations will again have the opportunity to bid for the contract and will again be evaluated by the Council. This will also give the opportunity for a new contract to consider how the community has engaged with services, and how service developments may be included in any new contract.
17. The Ombudsman cannot question decisions made by Council’s if there is no fault in how the decision is reached. In this case, the Council has set out how it considered applications from multiple organisations to provide community services and awarded the contract to the highest scoring organisation. It will repeat this process again next year, where a new organisation may be appointed, or the current organisation may remain the most suitable.
18. I appreciate Mr A feels the current service does not provide specialist support, however, I have reviewed how the Council reached its decision to commission the current service. I can see no fault in how the Council reached this decision, and therefore it is not a decision we can question.
19. Mr A remains able to engage with the community support that is provided by the current organisation if he wishes to.

Back to top

Final decision

20. I have now completed my investigation. I find no fault with the Council for how it commissioned local autism services.

Back to top

Investigator's decision on behalf of the Ombudsman