London Borough of Merton (23 003 034)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 29 Jun 2023

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about delays in a social worker completing a continuing healthcare checklist, of the outcome of the checklist, and of poor communication. This is because another body is better placed to consider the complaint. In addition, an investigation would not lead to different outcomes or findings.

The complaint

  1. Mrs X complains about a social worker’s actions in relation to her father’s care and support needs. She complains the social worker:
    • Did not communicate effectively with her.
    • Delayed in completing a continuing healthcare (CHC) checklist.
    • Did not complete the CHC checklist appropriately.

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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:
  • we could not add to any previous investigation by the organisation, or
  • investigation would not lead to a different outcome, or
  • there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

  1. Mrs X’s complaints about the delay in the social worker completing the CHC checklist and the outcome of the checklist is not for the Council. This is because the social worker completed the CHC checklist on behalf of the relevant NHS integrated care board (ICB). Therefore, the complaints are for the ICB. It is open to Mrs X to complain to the ICB and, if she remains unhappy, to the Parliamentary and Health Ombudsman Service.
  2. Regarding the remaining points of Mrs X’s complaints, an investigation is not justified as it would not lead to any different outcomes or findings. This is because the Council has acknowledged some communication with Mrs X was poor and has apologised for this. I am satisfied this was an appropriate remedy to the injustice caused by the accepted fault.

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Final decision

  1. We will not investigate Mrs X’s complaint because another body is better placed to consider her complaint. In addition, an investigation would not lead to different outcomes or findings.

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Investigator's decision on behalf of the Ombudsman

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