Summary: We will not investigate this complaint that the Council is discriminating against the complainant with its attempts to revoke the care services he receives. This is because we cannot investigate his complaint about any matters which have been the subject of the court action he started and it would not be appropriate for us to pursue his other complaints when an independent person is currently assessing his eligible care needs.

The complaint

1. The complainant, Mr B, complained that the Council is discriminating against him with its attempts to revoke the care services he receives.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. Mr B has had an opportunity to comment on my draft decision. I considered his comments received before making a final decision.

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My assessment

8. Mr B told us he has twice started judicial review proceedings against the Council. We cannot investigate Mr B’s complaint about any matters which have been the subject of the court action he started. Mr B told us the action he took was about one assessment only. He wants us to look at the Council’s conduct as a whole. Once Mr B had started his court action about one of the Council’s assessments, we could no longer consider a complaint about that particular matter.
9. The Council has sent us a copy of a court order which sets out the agreement it reached with Mr B. The two parties agreed to instruct jointly an independent expert with relevant experience to assess Mr B’s eligible social care needs as part of his reassessment and support planning. The Council agreed to continue to meet Mr B’s needs identified in its most recent assessment by means of a direct payment.
10. The Council has told us it understands an independent expert has been appointed and is due to complete the assessment. As this process is still ongoing, the Council told Mr B in September 2021 it would not start any new complaint investigation about any matters that appear to be of a similar nature.
11. In his complaint to us Mr B has also complained about delays in the assessment process, the frequency of assessments, his contribution to his care costs and the conduct of social workers. But his main complaint to us was that the Council is discriminating against him in its attempts to revoke his care services. He is concerned that the outcomes of the Council’s assessments differ from those done by other boroughs previously even though he told us there are more confirmed diagnoses since those previous assessments.
12. The issue of Mr B’s eligible care needs is currently being addressed by an independent person. It would not be appropriate for us to pursue Mr B’s complaints while this process is ongoing. Once the assessment is finished, Mr B can then pursue a formal complaint with the Council if he believes there are other issues it has failed to address to his satisfaction.

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Final decision

13. We will not investigate Mr B’s complaint because we cannot investigate his complaint about any matters which have been the subject of the court action he started and it would not be appropriate for us to pursue his other complaints when an independent person is currently assessing his eligible care needs.

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Investigator's decision on behalf of the Ombudsman