Summary: We will not investigate this complaint about a Care Act assessment. There is not enough evidence of fault to justify our involvement. In addition, the Council has offered to meet and review whether the complainants care needs are being met. Further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained about the Council’s decision to reduce her support hours after it reviewed her Care Act assessment. She disagreed with statements in the assessment that a reduction in her hours would promote her independence. She said the Council delayed providing her a copy of the assessment and in its complaint handling. She wants the Council to reverse its decision to reduce her support.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating,
• any injustice is not significant enough to justify our involvement,
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council met with Mrs X to review her care and support needs. It included information in the assessment about her health and how this impacted on her support needs. It considered Mrs X’s own strengths and capabilities and support she received from family members in meeting those needs. Based on that information it decided to reduce Mrs X’s support hours. It said it would review that reduction after six weeks to ensure Mrs X’s support needs were being met.
7. Although Mrs X is unhappy with the Council’s decision to reduce her hours, we will not investigate this complaint. That is because:
• I have considered how the Council completed the Care Act assessment and the information it considered. There is not enough evidence of fault in how it took the decision to reduce the hours to justify our involvement.
• The Council has offered to meet with Mrs X to review the support. It has said that Mrs X’s personal assistant and family can join that review. The review is the most appropriate way for the Council to assess whether the reduction in hours is meeting Mrs X’s care needs. Further investigation by the Ombudsman would not lead to a different outcome.
8. We will also not investigate Mrs X’s complaint about the Council’s complaint handling and delays in it providing the assessment. The Council has apologised for any delays in the complaint handling and appeals process. It has also recognised there was a delay in providing a copy of the Care Act assessment to Mrs X. I am satisfied the apology remedies any injustice caused. Further investigation would not lead to a different outcome.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman