Cumberland Council (22 017 823)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 31 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council handled Mr X’s safeguarding referrals. Further investigation would not lead to a different outcome.
The complaint
- Mr X complained the Council failed to properly deal with several safeguarding referrals he made about himself at the end of 2022. He raised them because he said he had no access to health care or his GP so he could not access his medication. He also said the Council failed to carry out a care needs assessment or respond to his complaints.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In its complaint response, the Council said an officer confirmed they had spoken to Mr X who said he did not want to progress his referral beyond the initial information gathering stage. As a result, the officer passed Mr X’s concerns to the NHS and closed the referral. The Council apologised for not checking Mr X understood what had happened to his referrals and said it would remind officers of the importance of this.
- The Council said it had already explained to Mr X what to do if he wished to request a social care assessment. It provided the details again.
- The Council has informed Mr X what action it took when he raised safeguarding concerns and apologised for not being clear about the outcomes. It has signposted him the service area who has responsibility for social care assessments. Further investigation into the matters Mr X complained about would not lead to a different outcome.
Final decision
- We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman