Summary: We will not investigate this complaint regarding the outcome of an assessment for adult social care. This is because there is no evidence of fault in the way the decision was made by the Council.

The complaint

1. The complainant, who I will call Ms X, states that she requires help with travel anxiety, work placement support, and mental health and emotional support. She would like the Council to fund help for her.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

4. I considered information provided by the complainant and our Assessment Code.

Back to top

My assessment

5. Ms X has stated she needs help leaving the house. She applied to the Council for help with travel anxiety, amongst other things.
6. Ms X had a Care Act Assessment by the Council, and although she was not eligible for paid service and a support plan, the Council signposted her to other agencies who could assist.
7. Ms X remains dissatisfied and is unhappy with the other agencies.
8. I appreciate Ms X disagrees with the Council’s assessment decision, but I have seen no evidence that it was affected by fault.

Back to top

Final decision

9. We will not investigate this complaint. This is because there is no evidence of fault in the way the decision was made by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman