Summary: Ms X complained about how the Council handled her partner’s (Mr Y’s) care and support needs assessment. We have discontinued our investigation as the Council has agreed to Ms X’s requests. Our further involvement would be unlikely to achieve a different outcome.

The complaint

1. Ms X complained on behalf of her partner, Mr Y. She complained the Council failed to properly carry out a review of Mr Y’s care and support needs. She said the Council failed to consult with Mr Y and the assessment was not person-centred. She also complained about a potential conflict of interest between a family member and a Council worker.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered Ms X’s complaint and have spoken to her about it.
5. I have also considered the Council’s response to Ms X and have spoken to an officer about it.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. The Council assessed Mr Y’s social care needs in July 2022. The Council identified that Mr Y would benefit from attending social groups with Ms X to help his mental and physical health. In October, Ms X informed the Council that she could no longer accompany Mr Y to activities as she could not support him in two places. The Council reassessed Mr Y in November and this led the Council to explore other social activities that might be suitable for Mr Y. Ms X was unhappy that the Council did not adequately involve Mr Y in this process. As Mr Y had no one to attend the structured social activities with, he continued with more informal social interactions, and the Council closed Mr Y’s case.
8. Ms X complained to the Council about a range of issues surrounding Mr Y’s social care needs and the assessment process. The Council provided a comprehensive response and agreed to Ms X’s requests to:
• provide a corrected written version of Mr Y’s July assessment.
• provide a written record of Mr Y’s November assessment.
• provide a written explanation for the Council’s withdrawal from the assessment process.
• commission an independent social worker to undertake a new assessment for Mr Y.
• provide the support of an independent advocate for Mr Y and Ms X during the assessment process.
9. During the course of my involvement, the Council agreed to carry out a joint carer’s and care assessment for Ms X and Mr Y.
10. This is a positive outcome. I have decided to end my investigation as further involvement would be unlikely to achieve anything more for Mr Y and Ms X.

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Final decision

11. I have discontinued my investigation. Further investigation would be unlikely to lead to a different outcome for Ms X and Mr Y.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman