Summary: We will not investigate this complaint about lack of care and support offered to Mr B. This is because it is unlikely we would find enough evidence of fault to warrant an ombudsman investigation.

The complaint

1. Mr B complained information has been omitted from his Care Act Assessment and information contained in it is untrue. Mr B says he has been waiting for an assessment of his needs, has been diagnosed with mental health problems and wants the Council to compensate him financially for its failures.

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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. Mr B has previously complained to the Ombudsman about the Council’s assessments of his needs and his accommodation. We found no fault with the Council’s actions. The Council has continued to take reasonable steps to assess Mr B’s care needs, but he does not co-operate with the Council’s effort to help him. The Council has now placed restrictions on Mr B’s contact with it because of his behaviour and we would be unlikely to say the Council is at fault regarding this. Mr B has requested, and the Council has agreed to review his care needs. Nothing appears to have changed since we last investigated and found no evidence of fault, and on the balance of probabilities, we would not be critical of the Council in this case. Mr B should engage with the Council so it can undertake a full review of his care and support needs to determine whether he needs help to improve his living conditions.

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Final decision

6. We will not investigate Mr B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman