Summary: We will not investigate Mr X’s complaint about the Council’s assessment of his care needs. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council has refused to assess his care needs under the Care Act 2014 and has not appropriately considered medical evidence he provided. He says this means his care needs are not being met. He wants the Council to re-assess his care needs and provide him with residential care.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))
3. 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)

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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. The Council completed an adult social care needs assessment with Mr X in January 2023. As part of this assessment, it visited Mr X to discuss his care needs.
7. The assessment record shows the officer gathered appropriate information during this visit. This included information about his life history, medical history, recent geographical movements, current living situation, contact with social services, daily routine and ability to care for himself. The record shows the officer considered the written information Mr X provided and discussed this information with him during the visit. They also recorded their observations of Mr X.
8. The officer considered all the information and decided Mr X did not have any eligible care needs.
9. We cannot question a decision a council makes if there is no fault in how it has reached a decision. The Council appropriately assessed Mr X and considered all relevant information including the written information he provided, before reaching its decision.
10. There is insufficient evidence of fault and so we will not investigate further.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman