Summary: We will not investigate this complaint about the Council’s failure to complete an adult social care assessment. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained on behalf of his late mother, Mrs Y. He said the Council failed to complete an adult social care assessment for Mrs Y before she died. He said that meant Mrs Y was charged for a residential placement that she should have received financial support for.
2. Mr X complained the Council then delayed in responding to his request for financial reimbursement. He said he initially contacted the Council about this in September 2022 but did not receive its decision until January 2023. He wants the Council to complete a retrospective assessment of Mrs Y’s care needs.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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:
• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We will not investigate Mr X’s complaint that the Council failed to complete an adult social care assessment for Mrs Y. The Council contacted Mr X within four weeks of the request for the assessment. At that point the Council could not complete an assessment as Mrs Y had COVID-19. She subsequently died before the Council could arrange a visit. There is no evidence the Council delayed in contacting or attempting to complete the adult social care assessment. Therefore, there is not enough evidence of fault in the Council’s actions to justify investigating.
8. The Council has said it cannot complete a retrospective assessment of Mrs X’s care needs. We are unlikely to find fault with that decision, therefore, we will not investigate this complaint further.
9. The Council has apologised to Mr X for its communication around the adult social care assessment and funding. Further investigation by the Ombudsman would not lead to a different outcome.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman