Summary: We will not investigate this complaint about adult social care. That is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained the Council had not met her care and support needs. She said it did not involve her in decisions about her care and support. Miss X said she had lost trust in the Council. She wants the Council to allocate her a new social care team.

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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 not enough evidence of fault to justify investigating, or
• 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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My assessment

6. The Council arranged a package of care for Miss X. Miss X said the carers were verbally abusive towards her. An organisation supporting Miss X cancelled the package of care.
7. The Council said Miss X’s reports of verbal abuse did not meet the threshold for safeguarding enquiries. It confirmed the Council contacted the Care Provider and asked it to review its practices. I have reviewed the information Miss X provided about the incidents. I am satisfied with the steps the Council took to address her concerns. There is not enough evidence of fault to justify our involvement.
8. The Council confirmed Miss X could but a camera in her property to help reduce her concerns. It said it offered to arrange a new care provider for Miss X whilst she considered direct payments. It spoke to Miss X’s advocate to help understand her needs and reviewed her support plan.
9. In its complaint response, the Council said Miss X did not respond to its offer of a managed service. However, it accepted there was a delay in it finalising her support plan. That delayed it commissioning services.
10. Although Miss X went without a package of care for around five months, we will not investigate this complaint. The Council offered to arrange care for Miss X whilst she considered direct payments. Miss X chose not to have this care. Miss X was entitled to make that choice. The Council said Miss X did not respond to its initial offer of direct payments. I am satisfied the Council took appropriate steps to provide Miss X care and support. There is not enough evidence of fault to justify our involvement.
11. The Council said Ms X agreed to direct payments in March 2023. The Council progressed the direct payment within two days. Miss X told the Council she had arranged a personal assistant later that month. She said they were meeting her care needs.
12. The Council reviewed Miss X’s use of direct payments. It identified Miss X was not using the direct payment money as agreed in her support plan. The Council met with Miss X and went through the direct payment agreement. The Council agreed Miss X could continue to have a direct payment.
13. Miss X has told me she is worried she is going to get into trouble if she spends the direct payment. The Council has explained it can be spent to meet the needs identified in her support plan. It has directed her to an agency that can support her in managing the direct payment. There is not enough evidence of fault in the advice the Council has offered Miss X around the use of the direct payment to justify our involvement. The Council has offered a managed service whilst she finds a personal assistant. Miss X does not want a managed service because of her previous experiences.
14. In its final complaint response, the Council has offered to meet with Miss X to review her support plan. It continues to offer a managed service if she is without care.
15. I recognise Miss X lacks trust in adult social care, however, an investigation by the Ombudsman will not resolve that. As Miss X receives direct payments, she is currently responsible for arranging her own care. The Council has directed her to support around that. It has offered a managed service in the interim. It has agreed to meet with her to review her plan. There is not enough evidence of fault to justify our involvement. Further investigation by us would not lead to a different outcome.

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Final decision

16. We will not investigate this complaint. This is because there is not enough evidence of fault to justify our involvement and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman