Summary: We will not investigate Ms X complaint about an assessment completed by an NHS Trust and about the Council lying about removing a risk alert on her records. This is because there is another body better placed to deal with her complaint. In addition, we are unlikely to find fault.

The complaint

1. Ms X complains the Council arranged for an NHS trust to carry out a care assessment for her without telling her. She complains the assessment found she had no eligible needs, and the Council won’t provide social care. She also complains the Council lied to her about removing a risk alert note on her records.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council confirmed it made the referral to the NHS trust as Ms X had advised she was struggling with her mental health. The NHS trust did not complete a new care assessment.
6. Any complaint about the outcome of the assessment completed for the NHS trust should be made to the Trust. If Ms X is unhappy with the Trust’s response, she can bring her complaint to the Parliamentary and Health Service Ombudsman.
7. Regarding the risk alert placed on Ms X’s records, the Council confirmed it ended the risk alert in 2018. The Council explained due to system limitations, it was not able to fully remove the data from the system and that the risk data still showed within the system. However, the Council confirmed the data had not been visible to staff as the alert was not active. The Council says due to updates to its system, it has now been able to fully remove the data. Therefore, an investigation is not justified as we are unlikely to find fault.

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Final decision

8. We will not investigate Ms X’s complaint because there is another body better placed to deal with her complaint. In addition, we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman