Summary: We will not investigate this complaint about the Council’s assessment of Mr B. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation. Further investigation by us could not add to the Council’s response or make a different finding of the kind Mr B wants.

The complaint

1. Mr B complained about inaccuracies with information in his care needs assessment. Mr B requested his carer be made official and receive funding to provide him with care and support. Mr B wants the Council to rectify its mistakes and compensate him 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. The Council acknowledged and apologised it did not send Mr B the outcome of his complaint when he first complained. It explained it undertook an initial assessment of his needs in July 2022 when Mr B first requested one. Following the assessment, a request was made for further medical information. Mr B expressed concerns about the accuracy of the information the Council had received, so the Council allocated his case to a different social worker to review. Mr B was given the opportunity to provide the Council with information during discussions and his input was used to finalise the assessment. The outcome of the revised assessment, which was shared with Mr B, was that he does not have any eligible care needs requiring support from the Council.
6. Although Mr B disagrees with the outcome he had the opportunity to input into the review and information he gave was used in the assessment. Mr B was assessed as not meeting the criteria for care and support. We could not say this is fault. Mr B has been advised by the Council if his needs change and he is placed in settled accommodation in the area he can contact them again. We could not add to this.
7. Mr B has raised a separate complaint about his housing needs which is currently being considered by the Ombudsman. I will not comment further on this point here.

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Final decision

8. 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. Further investigation could not provide Mr B with a different outcome to that he has received from the Council.

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Investigator's decision on behalf of the Ombudsman