Kingston Upon Hull City Council (23 001 477)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 20 Jun 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s adult social care needs. Mr X complains the Council did not complete his needs assessment properly. This is because there is insufficient evidence of fault with the way the Council complete Mr X’s care and support assessment.

The complaint

  1. Mr X complains about the Council’s handling of his adult social care needs. He says the Council did not complete his needs assessment properly and so he is not receiving the care he needs. He also says the Council denied him support and services because of his race.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has completed several assessments with Mr X.
  2. In December 2022, the Council completed an occupational therapy (OT) assessment to consider whether Mr X needed any equipment of adaptations made to his property. The outcome of the OT assessment was that Mr X did not have any identified needs for equipment or adaptations.
  3. The Council also completed a care and support assessment in January 2023. Again, this assessment identified Mr X was able to maintain his daily care and support needs independently. The assessment noted Mr X would benefit from a bathing stool and handrails, but Mr X declined these.
  4. I have reviewed the Council’s care and support assessment. There is no evidence the assessment was not completed properly. Therefore, the Council is entitled to reach its decision that Mr X has no eligible care and support needs.
  5. The Council has also confirmed it will complete a new care and support assessment for Mr X due to the time passed since the last assessment was completed. The Council said it was reassessing Mr X to check his circumstances have not changed. This is appropriate in the circumstances.

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Final decision

  1. We will not investigate Mr X’s complaint because there is insufficient evidence of fault with the way the Council complete Mr X’s care and support assessment.

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Investigator's decision on behalf of the Ombudsman

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