Summary: We will not investigate Mr B’s complaint about the Council’s failure to consider his mother’s, Mrs C’s, current medical and care needs in its review or involve those involved in her care. This is because we could not add to the Council’s response or make a different finding of the kind Mr B wants. Mr B can ask the Council to undertake a further review of Mrs C’s care needs if he believes they have declined significantly since the last review.

The complaint

1. Mr B says the Council’s review of his mother’s, Mrs C’s, care needs completed in September 2021 did not reflect a decline in her health and care needs. Mr B says the assessment is not accurate and demonstrates prejudice. Mr B says the assessment does not involve the views of those involved in providing Mrs C’s care and says he has incurred a loss of time and amenity in corresponding with the Council about this matter. Mr B says the assessment should be factually correct and include data from people who know and provide Mrs C’s care. Mr B says the Council should pay him compensation for the distress he has suffered.

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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.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. The Council responded to Mr B’s complaint. It said it assessed Mrs C in March 2021 and undertook a review in September 2021. It identified Mrs C had care needs in the following areas:

• Managing and maintaining nutrition
• Maintaining personal hygiene
• Managing toilet needs
• Being appropriately clothed
• Being able to make use of the adult’s home safely
• Maintaining a habitable home environment
• Making use of necessary facilities or services in the local community including public transport and recreational facilities or services.

7. Mr B complained the assessment was inaccurate and did not consider the decline in Mrs C’s health or involve him, as the person providing Mrs C’s care in the assessment. The Council says it amended the assessment slightly in January 2022 to include Mr B’s contribution regarding his views and wishes which it had received by email. The Council advised Mr B either he or Mrs C can request a further review if Mrs C’s care needs have changed since the September review.
8. The Council says Mr B and Mrs C have refused to accept the care package until they know how much it will cost but have refused to engage in a financial assessment. In this case the Council says Mrs C will be responsible for funding her care package.
9. Mr B has previously complained to the Council and the Ombudsman about the Council charging Mrs C for her care. We found no evidence of fault with the actions taken by the Council regarding the undertaking of a financial assessment.
10. The Council has agreed to implement the package of care it has assessed Mrs C as needing and charge her the full cost given Mr B’s and Mrs C’s refusal to undertake a financial assessment. It has amended the September assessment to include it had received Mr B’s views by email and advised if Mrs C’s care needs have changed she can request a review. There is not enough evidence of fault with the Council’s actions to warrant an Ombudsman investigation.

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Draft decision

11. Subject to any comments Mr B might make, my view is we should not investigate this complaint. This is because we could not add to the Council’s response or make a different finding of the kind Mr B wants. Mr B can ask the Council to undertake a review of Mrs C’s care needs if he believes they have declined significantly since the last review.

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Investigator's decision on behalf of the Ombudsman