Summary: We will not investigate Miss X’s complaint about the Council’s decision to end her care package. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the uncertainty caused.

The complaint

1. Miss X complains about the Council’s decision to end her care package.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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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. Miss X received a care package to meet her assessed eligible needs. The Council reviewed Miss X’s care and support needs in September 2023. The social worker initially recommended a reduction in Miss X’s care package. The Council later decided the review indicated Miss X had desires, rather than eligible needs, and the decision was to end her care package.
6. If we were to investigate, it is likely we would find fault causing the complainant injustice. This is because the Council has not provided a clear rationale for why it decided the review indicated desires, rather than needs. This is particularly so when considering Miss X’s medical conditions, and the symptoms resulting from her medical conditions, have not changed much when compared to the last review completed in April 2022. The lack of rationale creates uncertainty as to whether the Council made its decision properly.
7. We therefore asked the Council to consider remedying the injustice caused by its actions by completing a reassessment of Miss X’s care and support needs. If the Council’s decision following the reassessment is that Miss X has no eligible care needs, the Council should write to Miss X to clearly explain why and how this decision was made. If the decision following reassessment is that Miss X has eligible care needs, the Council should ensure it meets these needs with an appropriate care package.

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Agreed action

8. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks to put things right.

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Final decision

9. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the uncertainty caused.

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Investigator's decision on behalf of the Ombudsman