Summary: We will not investigate this complaint about the Council’s decision not to complete another care assessment. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s decision not to complete another care assessment despite asking for one. He says he needs support and help as he cannot do things himself and has memory problems.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. The Council completed a care assessment for Mr X in August 2022. This assessment found Mr X did not have any eligible care needs. Mr X has complained to the Ombudsman about this, and we are currently investigating.
6. Mr X asked the Council to complete a new care assessment for him in January and February 2023. The Council refused to reassess Mr X’s care and support needs as he had not provided any new information to suggest his circumstances had changed. Mr X complains about this decision.
7. An investigation is not justified as we are unlikely to find fault with the Council’s decision. This is because the Council has explained it only recently completed a care assessment and because Mr X has not provided any new information to suggest there has been a change in his circumstances. Therefore, a reassessment is not justified. The Council was entitled to decide this since there is no evidence the Council’s decision was not properly made.
8. I am aware the Ombudsman has yet to issue its final decision regarding Mr X’s complaint about the care assessment completed in August 2022. However, if we found fault with the way the care assessment was completed, we would ask the Council to complete a reassessment. Therefore, I do not consider it is necessary to wait for the final decision to be issued on that complaint before completing my assessment of this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman