• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s communication with Ms B and its response to her need for care and support. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Ms B says the Council has failed act to:

• act on safeguarding referrals it has received about her since 2019;
• provide advocacy support under s68 of the Care Act 2014;
• assess her needs for care and support under the Act; and
• provide suitable support services based on an assessment; or
• reply to her complaints about these matters.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has confirmed it has attempted to engage with Ms B, and has provided her with information and signposted her to appropriate organisations. The Council allocated Ms B a Social Worker and referred to advocacy services. However, Ms B felt she was unable to engage in an assessment of her care needs at the time. If Ms B wants the Council to undertake a Care Needs Assessment she can ask it to assess her needs and refer her again to the advocacy if she is no longer in contact with advocacy services.

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Final decision

6. We will not investigate Ms B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman

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