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

The complaint

1. Mr X complained the Council has not provided him with care and support to meet his needs since 2021. He says this has led to worsening of his mental and physical health. He wants the Council to accept it should have supported him earlier and provide support to meet his needs.

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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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X complained the Council has not provided him support to meet his needs since he first requested this in 2021.
6. The Council responded to his complaint. The response listed the times the Council had offered Mr X support since May 2021. This included an offer of a carers assessment, five offers to complete a care needs assessment with him, advocacy support, referral to other organisations who provide support and telephone calls and emails from social workers offering support.
7. Mr X says the Council had not provided adequate support to a friend of his, and he told the Council that until this matter was resolved, it was pointless arranging support for him as the two issues were combined.
8. There is insufficient evidence of fault to justify further investigation in this case. We can only investigate Mr X’s case and cannot consider what support was provided to his friend. The Council offered Mr X support in line with its obligations and it was Mr X’s decision whether he wanted to accept it.
9. In the complaint response, the Council has acted appropriately by making a further offer to Mr X to complete a care needs assessment and advised him how to arrange this, should he want to proceed.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman