Summary: We will not investigate this complaint about the support hours needed to meet adult social care needs. This is because the Council has properly reviewed the care plan to decide how to meet care needs, so there is no evidence of fault.

The complaint

1. Mr C says the Council is not giving him enough support to meet his adult social care needs. Mr C says he needs another six hours a week. Mr C worries he will have an accident without more support.

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The Ombudsman’s role and powers

2. 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)
3. 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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Mr C is an adult in need of social care and support. The Council has a duty to meet Mr C’s social care needs. It does this by completing an assessment of Mr C’s needs and creating a plan of how it will meet those needs. The Council must keep the care and support plan under review and complete a full review at least once a year.
7. Mr C’s current plan is 29 hours per week of support. Mr C says he needs another six hours a week.
8. Following Mr C’s request for more hours the Council has completed three reviews in the last year. The reviews were properly carried out, involving Mr C and his care provider. Based on these reviews the Council decided the support hours meet Mr C’s needs.
9. The Council has followed the correct process to decide on Mr C’s care and support hours. I understand Mr C disagrees with the Council’s decision, but that is not a reason for the Ombudsman to investigate when there is no evidence of fault.

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Final decision

10. We will not investigate Mr C’s complaint because there is no evidence of fault by the Council. It has properly reviewed Mr C’s care and support plan and his needs to decide how to meet his needs.

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Investigator's decision on behalf of the Ombudsman