Summary: We will not investigate Ms X’s complaint about the Council’s assessment of her care and support needs. This is because the Council has offered to carry out a reassessment of her needs and it is reasonable to expect Ms X to engage with this before we will consider her complaint.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council’s assessment of her care and support needs. Ms X says she needs long term support which is not being provided. The Council assessed Ms X and found her needs could be met via 5 hours of support per week. Ms X disagrees with this.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained to the Council about its assessment of her care needs. She said she needs long term care which is not being provided.
8. In response, the Council offered to carry out a reassessment of Ms X’s care and support needs.
9. Ms X has told the Council she does not want to have a further assessment.
10. This is not a complaint we will investigate. This is because it is reasonable to expect Ms X to engage with the Council’s offer to carry out a reassessment. This offers the potential to resolve the matters complained about prior to our involvement. The Council will only be able to potentially change the level of support if it is able to carry out a full reassessment. We cannot assess Ms X’s care needs. If Ms X remains dissatisfied with the outcome of the further assessment then we can assess her complaint to see if it is a matter we will investigate.

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Final decision

11. We will not investigate Ms X’s complaint. This is because it is reasonable to expect Ms X to engage with the Council’s offer to carry out a reassessment of her care and support needs before we consider her complaint.

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Investigator's decision on behalf of the Ombudsman