Summary: We will not investigate this complaint about failures in care assessment. This is because any failure to adequately understand and meet needs is a failure by the NHS. The NHS has the responsibility to meet the adult’s care needs in this case. The Parliamentary and Health Service Ombudsman is better placed to consider this complaint.

The complaint

1. Ms C complains about delays and errors in an assessment of her son, Mr D’s, care needs. Ms C says this means Mr D’s social care needs are not fully known or met.

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The Ombudsman’s role and powers

2. We investigate 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 or continue an investigation if we decide 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr D’s care needs are met by the NHS. Therefore, the responsibility is on the NHS to fully understand and meet Mr D’s care needs. The NHS should deal with any concerns regarding the Council’s care assessment if it means the NHS cannot understand and adequately meet Mr D’s needs, or results in a delay in doing so.

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Final decision

6. We will not investigate Ms C’s complaint because there is another body better placed to consider the complaint. The Parliamentary and Health Service Ombudsman considers complaints about NHS services.

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Investigator's decision on behalf of the Ombudsman