Summary: Ms C complains the Council has not properly assessed her care needs and provided support to meet her needs. There is no fault in the way the Council assessed Ms C. Ms C refused services because of care charges and alternative support. The Council is therefore also not responsible for failing to provide support.

The complaint

1. Ms C complains the Council has failed to properly assess her needs and provide her with support services. Ms C says this has left her without the care she needs.

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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. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke with Ms C and considered information she provided. I made enquiries of the Council and considered its response. I considered:-
• Care Act 2014 and the associated Care and Support Statutory Guidance 2014;
• care needs assessment for Ms C;
• case records.
5. Ms C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

6. Ms C has care needs and lives independently in the community. She has previously approached the Council for help with both her housing and social care needs.

What should have happened

Care needs assessments

7. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also include the individual and where suitable their carer or any other person they might want included.

Charging for social care services

8. A council has a duty to arrange care and support for those with eligible needs, and a power to meet both eligible and non-eligible needs in places other than care homes. A council can choose to charge for non-residential care following a person’s needs assessment. Where it decides to charge, the council must follow the Care and Support (Charging and Assessment of Resources) Regulations 2014 and the Care Act statutory guidance. (Care Act 2014, section 14 and 17)
9. Where a council has decided to charge for care, it must carry out a financial assessment to decide what a person can afford to pay. It must then give the person a written record of the completed assessment.

What happened

10. On 5 January 2023 Ms C asked the Council to assess her care needs. The Council assessed Ms C as not having any eligible needs on 23 March 2023. The Council reviewed Ms C’s assessment in August and found her to have eligible needs.
11. The Council records that when it tried to assess Ms C’s finances, she said she did not need help and could manage with her existing support. She also said she could not afford to pay for services. In response to a draft decision Ms C says she does not remember the Council offering her services and says she had needed support for some time.
12. Case records evidence the social worker keeping Ms C updated and liaising with the housing department to support Ms C with her housing needs. The social worker closed the case after Ms C refused services.

Is there fault causing injustice?

13. The Ombudsman cannot criticise a properly made decision. My role is to consider whether the assessments completed were in line with the Care and Support Statutory guidance; not to decide Ms C’s eligibility, or the services she should receive.
14. I have considered the Council’s assessment and review and do not find fault with the Council. The assessment was person centred, considered and holistic. While I am aware the Council changed its view about Ms C’s eligibility, I do not consider this was a fault in the process the Council followed. While I understand Ms C says she does not remember the Council offering her care services this is recorded and therefore on balance I consider it was more likely this did occur.
15. The review allowed Ms C the opportunity to provide further information which changed the view of the officer involved.
16. Even if I were to find fault in the actions of the officers, I could not say this caused Ms C injustice. This is because when the Council offered Ms C support she refused because she said she had help from other sources and could not pay for services.
17. Ms C will not know her charge, (if any) for services until the Council completes a financial assessment. If Ms C feels her circumstances have changed or she is willing to have her finances assessed she can contact the Council.

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Final decision

18. I have found no fault in the way the Council completed a care assessment for Ms C. I have now completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman