Summary: There is no fault by the Council in the way it dealt with Mr X’s request for a reassessment of needs.

The complaint

1. Mr X complains the Council is not providing him with the support he needs, and consequently he struggles with day-to-day activities.
2. He complains aids and adaptations to his home, that have been deemed necessary, have not been completed.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have:

• considered the complaint and the information Mr X provided;
• considered correspondence between Mr X and the Council, including the Council’s final response to the complaint;
• made enquiries of the Council and considered the responses;
• considered relevant legislation;
• offered Mr X and the Council an opportunity to comment on a draft of this document.

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What I found

Relevant legislation

7. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
8. The care and support plan should consider:

• the needs of an individual
• what they want to achieve
• what they can do by themselves or with existing support
• what care and support may be available in the local area. 

Background

9. Mr X moved into the Council’s area in 2020. He has physical health problems affecting his mobility and vision.
10. Mr has previously been assessed under the Care Act and deemed eligible for services. Occupational Therapy (OT) assessments have been completed and recommendations made. The recommendations have not been completed because Mr X lives in a two bedroomed property, alone, which is classed as under occupation. Mr X’s housing provider offered him a move to a smaller property, which could then be adapted to his needs, but Mr X refused.
11. Mr X previously received support from an advocate.
12. The records show extensive ongoing involvement from social services since 2020, with numerous requests from Mr X for a change of social worker. Mr X wants social services to advocate on his behalf to have parking fines cancelled, along with other outstanding debt management issues. The records show a continual cycle of complaints, and threats of self-harm or harm to others when he is not provided with the support he believes he should have. Because of this, the Council implemented a communication plan with Mr X.
13. The Council has explained on numerous occasions it cannot deal with Mr X’s parking fines or debts.
14. Different care agencies have been commissioned to provide care to Mr X, but he has cancelled soon after commencement citing dissatisfaction with the service, and/or a refusal to pay his client contribution. Mr X told the Council he does not wish to have support with personal care, that his main concern is regarding domestic support and sorting paperwork. The Council says it is unable to provide the services Mr X has requested. Records show Mr X’s advocate shares the view of the Council.
15. Mr X has previously declined sight and hearing assessments and declined to engage with mental Health services.
16. Mr X has continued to be supported by a social worker despite not being in receipt of services. The Council says this helps it to deal with a large volume of contacts from him.
17. Following a recent hospital admission, Mr X has been referred for a further needs assessment. The Council says this is due to take place mid-July 2024. It says Mr X appears to have developed some trust in one particular social worker, and the worker is currently on leave. It believes it would be beneficial to wait for the social worker to return, rather than allocating a worker unknown to Mr X.
18. Mr X is being provided with support by a member of the Council’s duty team, with at least weekly contact. The Council is willing to reconsider the timescale for assessment should his situation become more urgent.

Analysis

19. It is clear from the information I have seen that Mr X can be challenging. His expectations exceed the services available, and his frustrations directed at the staff dealing with him.
20. There is no statutory timescale for completion of needs assessment and the Council’s decision to wait for the return of a worker known to Mr X is reasonable.
21. I am also mindful that Mr X has weekly contact with the duty team. And that the Council will reconsider the timescale if his situation becomes more urgent. I am therefore not persuaded there is any injustice caused by a wait for a social worker.

Final decision

22. There is no fault by the Council in the way it dealt with Mr X’s requests for a reassessment of needs.
23. It is on this basis; the complaint will be closed.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman