Summary: We will not investigate this complaint about the Council not properly assessing Mrs X’s care and support needs. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council has not properly assessed her care and support needs. She says she cannot care for herself and needs support.

Back to top

The Ombudsman’s role and powers

2. 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 an investigation if we decide further there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In April 2020, Mrs X had a package of care to support her with personal care, medication prompting, and meal preparation. The Council said Ms X told the Council she wanted to cancel the care package as she was more independent. The Council subsequently cancelled the care package.
6. The Council reassess Mrs X care and support need in August 2020 following contact from her. The assessment identified Mrs X was not eligible for care and support as she was independent with daily living activities.
7. The Council’s mental health team also completed a care and support assessment for Mrs X in January 2021. The assessment was completed in person, with Mrs X’s son present. The assessment did not identify any eligible needs.
8. The Council said it was aware Mrs X’s preferred form of communication was written and that she required large font. The Council also said it had numerous phone calls with Mrs X to discuss her concerns. Therefore, there is no evidence to suggest the Council has not given due regard to Mrs X’s disabilities and reasonable adjustments during their interactions with her. It is also clear Mrs X can contact the Council to raise concerns when she feels she needs support.
9. I note it has been over a year since Mrs X’s last care and support assessment. It is open to Mrs X to ask the Council to reassess her if she considers her needs have changed since the last assessment.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman