Summary: We will not investigate this complaint about the Council’s handling of Miss X’s daughter’s care and support needs. She says the Council refused to provide the services she and her daughter needs. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains about the Council’s handling of her daughter’s care and support needs. She says the Council refused to provide the services her daughter needs. Miss X says she cannot continue with her caring role without respite due to her own health conditions.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X has a daughter, Ms Y, who has care and support needs.
6. In April 2023, the Council completed a care and support assessment for Ms Y. The Council consulted both Miss X and Ms Y during the assessment.
7. The assessment noted Ms Y had eligible care and support needs. The assessment recommended Ms Y’s needs be met with a provision of structured activities four days per weeks, along with respite for Miss X once-a-week. The social worker also recommended transport options be considered to take Ms Y to her activities.
8. The Council also completed a carer’s assessment for Miss X. The assessment noted Miss X’s wish for respite three nights a week and considered Miss X’s health conditions. The assessment recommended regular respite for Miss X and for options to be considered to fund transport to Ms Y’s activities to allow Miss X to have time for her own social activities.
9. I recognise Miss X is unhappy with the Council’s decision regarding how much respite it will provide. The Ombudsman is not an appeal body, this means we can only find fault with the Council’s decision if there was fault in the way the Council made its decision.
10. In this case, there is insufficient evidence of fault. This is because the Council properly considered the relevant information during its assessments. Therefore, the Council is entitled to decide how much care and support, and what type of care and support, to provide to meet both Miss X’s and Ms Y’s needs.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman