Summary: We will not investigate this complaint about the Council’s management of Mr X’s care and support needs. This is because the there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council’s management of his care and support needs. He says the Council has assessed that he no longer needs supported accommodation, even though living more independently will not meet his needs. He wants the Council to agree for him to remain in supported accommodation.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. Section 27 of the Care Act 2014 says councils should keep care and support plans under review. Government Care and Support Statutory Guidance says councils should review plans at least every 12 months.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint response to Mr X, the Council said it had accepted in June 2023 that the relationship with his social worker had broken down. Because of this, it had agreed to allocate him a new social worker, who was in the process of reassessing his care and support needs. The new social worker had appointed him an advocate to support him during the process and to ensure his views were recorded as part of the assessment.
7. We will not investigate this complaint as there is insufficient evidence of fault. The Council has a duty to regularly review a person’s care and support needs to ensure their needs are being met. Dependent on the outcome of the assessment, this can lead to changes in a person’s assessed needs for care and support.
8. Mr X’s current social worker is in the process of assessing his care and support needs and has appointed him an advocate to support him through the process and to ensure his views are considered. This is an appropriate action and will ensure Mr X’s wishes and feelings are taken into account during the assessment process. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman