Summary: We will not investigate this complaint about delay in the Council completing a care assessment for Mr X’s son and in implementing a support package to meet his son’s needs. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains about delay in the Council completing a care act assessment for his son and in implementing a support package to meet his son’s needs.

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The Ombudsman’s role and powers

2. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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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. If we were to investigate, it is likely we would find fault causing an injustice. This is because Mr X first made a request for a care act assessment for his son, Mr A, in March 2022. However, the Council did not complete its assessment until March 2023. Allowing the Council one month to have completed the assessment, this means the Council delayed in completing the assessment for around 11 months.
6. The Council confirmed it has now agreed for Mr A to receive in house day services for five days a week. It is likely that if not for the delay, the Council would have agreed to this support package earlier. Again, allowing the Council a reasonable time of one month to have arranged the care package, I am satisfied the likely fault meant Mr A lost out on the care and support he needed for at least 10 months. There is uncertainty as to how the loss of provision has impacted on Mr A. This is an injustice.
7. I am also satisfied the likely fault will have caused Mr X and his wife distress and frustration. This is because they were left to provide the care and support that should have been in place for Mr A earlier.
8. We therefore invited the Council to remedy this by making a symbolic financial remedy of £1500. In reaching this figure, I have considered the fact the likely fault will have caused significant injustice to three people, as well as considering the length of the delay.

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Agreed action

To its credit, the Council has agreed to complete the above within four weeks of the final decision to put things right.

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Final decision

9. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman