Summary: We will not investigate this complaint about how the Council completed Mr X’s care plan and provided his transport to his vocational placement. That is because there is not enough evidence of significant injustice to Mr X, or his Shared Lives carers, Mr and Mrs Y.

The complaint

1. Mr and Mrs Y have acted a Shared Lives Carers for Mr X for several years. They complained that the Council had:
• delayed in completing a review of his annual care needs assessment and did not involve him properly in the assessment process;
• stated they were responsible for transporting Mr X to his vocational placement as set out in their Share Lives Agreement; and
• failed to respond to emails and communicate in an effective manner.
2. They stated their dealings with the Council had caused them stress and taken up a great deal of their time.

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The Ombudsman’s role and powers

3. 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 injustice is not significant enough to justify our involvement, and
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In the Council’s complaint response, it has accepted it did not complete Mr X’s 2021 care needs assessment within twelve months of the previous assessment and that it did not involve Mr X and his advocate in the initial draft of the assessment. It said it had asked Mr X’s social worker to complete a new assessment that included the views of Mr X’s advocate and wider support.
7. The Council completed the new assessment in March 2022. It confirmed it had continued to meet Mr X’s care needs whilst it completed that assessment. Therefore, we will not investigate this complaint as further investigation would not lead to a different outcome and there is not enough evidence of significant injustice caused by the delay to warrant further investigation.
8. In its complaint response the Council stated that Mr and Mrs Y were responsible for transporting Mr X to his daily activities as set out in their Shared Lives agreement. Mr and Mrs Y disagree and state that this was not part of their original agreement with the Council. Mr and Mrs Y currently arrange for a personal assistant to support Mr X to his vocational placement. The Council reimburses them the cost of this. Therefore, even if there is disagreement around transport, there is nothing to indicate that is causing Mr and Mrs Y a significant injustice as the Council is reimbursing any transport costs and Mr X is accessing activities. Therefore, we will not investigate this further.
9. Mr and Mrs Y also complain about ongoing communication difficulties with the Council and delays in it responding to their emails. Although frustrating this is not something we would investigate further as there is not enough evidence of insignificant injustice.

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Final decision

10. We will not investigate Mr and Mrs Y’s complaint because there is not enough evidence of significant injustice.

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Investigator's decision on behalf of the Ombudsman