Summary: We will not investigate this complaint about a Care Act assessment. This is because the Council’s response to Ms X already represents a reasonable and proportionate outcome. An investigation by the Ombudsman would be unlikely to reach a different outcome.

The complaint

1. Ms X complained the Council did not carry out a satisfactory Care Act assessment. She said this has left her with an inadequate care package which affects her mental and physical health. She said the Council wouldn’t listen to her and the process took too long.

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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 carried out an assessment of Ms X’s care needs in March 2021 before she was discharged from hospital. Ms X said the Council used incorrect information and would not listen to her about her needs.
6. In response to Mr X’s complaint, the Council sent her a blank care assessment for her to fill in. The Council offered a meeting to review the assessment and to consider all options available to meet Ms X’s needs.
7. The Council’s response to Ms X represents a reasonable and proportionate outcome. An investigation by the Ombudsman would be unlikely to reach a different outcome.

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Final decision

8. We will not investigate Ms X’s complaint because the Council has offered a satisfactory way forward.

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Investigator's decision on behalf of the Ombudsman