Summary: We will not investigate Mr X’s complaint about the Council’s decision to reduce his 1:1 support hours following a recent review. This is because the Council has offered to carry out a further review which it is reasonable to expect Mr X to use before we will consider his complaint.

The complaint

1. The complainant, whom I shall call Mr X, complains about a reduction in his 1:1 support hours from 32 hours per week to 8 hours per week, following a recent review.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I sent the complainant a draft decision statement and considered his comments in response. I asked the Council for some further information as a result.

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My assessment

7. Mr X complains about the outcome of a recent review which resulted in his 1:1 support hours being reduced from 32 hours per week to 8 hours per week.
8. Mr X says the current support package does not meet his needs and is not working. He says he is unable to access core support hours from staff at his supported living accommodation as most of them do not wish to support him or even engage with him.
9. The Council has offered to carry out a further review to decide whether the current level of 1:1 support Mr X receives is appropriate to meet his needs. It says it has not yet been able to agree a date with Mr X but it hopes he will engage with this review. As soon as Mr X agrees a review date with the duty social worker it will allocate a social worker to carry out his review.

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Final decision

10. We will not investigate Mr X’s complaint now because the Council has offered to carry out a further review. In response to my draft decision statement, Mr X raised some concerns about the plans for the review, but having sought and received further information from the Council about this I am satisfied it is reasonable to expect Mr X to allow the Council to carry out the further review as it could potentially resolve the matters he is complaining about. If Mr X remains dissatisfied following the outcome of this review then we can consider a complaint from him about it then.

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Investigator's decision on behalf of the Ombudsman