Summary: We will not investigate Mr X’s complaint about the occupational therapist who assessed his mother. He says the occupational therapist did not communicate effectively and did not understand his mother’s condition. This is because an investigation would not lead to any different findings or outcomes.

The complaint

1. Mr X complains about the occupational therapist (OT) who assessed his mother. He says the OT did not communicate effectively and did not understand his mother’s condition. He is unhappy with the OT’s assessment.

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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 an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• investigation would not lead to a different findings or outcomes.

(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. An OT went out to assess Mr X’s mother. Mr X is unhappy with the OT as he feels they did not understand his mother’s condition.
6. During its complaint investigation, the Council explained the OT’s actions and the reasons for why they completed the assessment in the way they did. The Council accepted the OT’s may not have explained their full rationale at the time to Mr X during the visit and that this led to Mr X feeling upset by the visit.
7. The Council confirmed it had assigned another OT to Mr X’s mother’s case. The Council also confirmed it would ask the new OT to look at the assessment report and contact Mr X to discuss any discrepancies and to make amendments where agreed.
8. Therefore, an investigation is not justified as it would not lead to any different findings or outcomes. The Council has acknowledged Mr X’s concerns about the OT and has put in place an appropriate remedy by appointing a new OT to manage the case. The Council has also confirmed Mr X can raise any issues with discrepancies in the OT report with the new OT. I am satisfied an investigation would not lead to any further recommendations.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would not lead to any different findings or outcomes.

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Investigator's decision on behalf of the Ombudsman