Calderdale Metropolitan Borough Council (22 016 449)
Category : Adult care services > Assessment and care plan
Decision : Upheld
Decision date : 18 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delays in a social care assessment and complaints handling. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
The complaint
- Mrs Z complained on behalf of her daughter, Miss X, that the Council delayed in carrying out a social care assessment. She also complained there were delays in the Council’s handling of her complaint.
- Mrs Z says that as a result, Miss X did not receive the support she needed.
The Ombudsman’s role and powers
- 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we investigated this complaint, it is likely we would find the Council at fault because it delayed in its handling of Miss X’s social care needs assessment. We therefore asked the Council to consider remedying the injustice caused by its actions by paying Miss X £200 to resolve the complaint early.
- The Council agreed to resolve the complaint and will pay Miss X £200 within one month of the date of this final decision to put things right.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman