Summary: We will not investigate this complaint about how the Council assessed the needs of a person living in the same building as the complainant’s partner. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as the complainant has not suffered any personal injustice.

The complaint

1. Mr X has complained the Council failed to take the impact on other people in to account when assessing a service users care needs. Mr X says his partner’s health has been affected by the care provided to a couple that live in the property above hers. He asked the Council to reassess the couple’s needs, taking account of the impact the care would have on others. Mr X is unhappy the Council refused his request and says it dismissed the issues he raised without any proper consideration.

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The Ombudsman’s role and powers

2. 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 any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mr X’s complaint because he has not suffered any personal injustice because of the alleged fault and his partner has not provided consent for him to act on her behalf.

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Investigator's decision on behalf of the Ombudsman