Summary: We will not investigate this complaint about Adult Social Care. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained the Council:
• Did not complete a Care Act assessment for her.
• Failed to provide her advocate a copy of her previous assessment.
• Did not communicate the outcome of its assessment to her.
• Did not respond to her request for an Occupational Therapy assessment.
2. In addition, Miss X said the Council would not make reasonable adjustments for her and accept her complaints over the telephone.

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The Ombudsman’s role and powers

3. 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 not enough evidence of fault to justify investigating.

(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 confirmed it completed a Care Act assessment with Miss X and her advocate in February 2023. It said it shared the outcome of that assessment verbally with Miss X according to her requested reasonable adjustments.
7. The Council said that before the assessment it shared Miss X’s previous assessment and information about the assessment process with her advocate. It said Miss X’s advocate had tried to share this information with Miss X before the meeting.
8. The Council said its Occupational Therapy Service contacted her, but she was obstructive in accepting an assessment. It said it closed that referral.
9. I am satisfied the Council has completed a Care Act assessment of Miss X, communicated the outcome to her and offered Occupational Therapy support. There is not enough evidence of fault to justify our involvement.
10. We will also not investigate Miss X’s complaint the Council will not take her complaints over the telephone. The Council has provided reasons for that decision. It is satisfied Miss X has the means to complain by email. There is not enough evidence of fault to justify our involvement.

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Final decision

11. We will not investigate Miss 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