Summary: There is no evidence of fault in the way the Council assessed Mr X’s care and support needs. It acted properly and in accordance with the law.

The complaint

1. Mr X complains the Council failed to properly assess his needs because did not collect accurate information or involve him in his assessments and care planning. He says the Council failed to respond/resolve complaints, communicate important information, explain his care plan, make reasonable adjustments, or heed medical advice and information.

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What I have and have not investigated

2. Mr X complains about matters dating back several years. We will not investigate matters from 2020, 2021 or 2022. The reasons for this are explained in paragraph 4.

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The Ombudsman’s role and powers

3. 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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

6. I have:
• considered the complaint and supporting information submitted by Mr X;
• considered the correspondence between Mr X and the Council, including the Council’s response to his complaint;
• made enquiries of the Council and considered the responses;
• taken account of relevant legislation;
• offered Mr X and the Council an opportunity to comment on a draft of this document, and considered the comments made.

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What I found

Relevant legislation

7. Sections 9 and 10 of the Care Act 2014 require local authorities to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to all people regardless of their finances.
8. The Care and Support (Eligibility Criteria) Regulations 2014 sets out the eligibility threshold for adults with care and support needs and their carers. The threshold is based on identifying how a person’s needs affect their ability to achieve relevant outcomes, and how this impacts on their wellbeing.
9. Where local authorities have determined that a person has any eligible needs, they must meet these needs. When a local authority has decided a person is or is not eligible for support it must provide the person to whom the determination relates (the adult or carer) with a copy of its decision.

Key facts

10. For the reasons set out above, this investigation will be limited to events of 2023.
11. Mr X has mental health issues which impact on his day-to-day life. He has a diagnosis of autism and finds communication difficult. He prefers to communicate via email as this gives him the opportunity to formulate his thoughts before responding.
12. Mr X contacted the Council regarding his support needs in early 2023. A social care assessor made an initial visit on 3 March 2023. The officer recorded Mr X had difficulty communicating in person and required some adjustments to engage in the assessment process; and that more than one visit would be required. Mr X requested advance notice of any visit and requested visitors to his home call and/or text him on arrival.
13. The assessor made two further visits to Mr X in March 2023 to gather information for the assessment. The assessment was completed in April 2023. This shows Mr X to have needs, but these needs did not meet the eligibility criteria for Council funded support The needs related to finding a new home, management of finances and paperwork, issues relating to mental health, and accessing the community, all of which could be met by voluntary services. The assessor made referrals to numerous community-based services/charities. A referral for a benefits check was also made.
14. The assessor visited Mr X on 13 & 14 April 2023 to discuss the outcome of the assessment. Mr X requested some amendments to the wording of the assessment, which the assessor completed. A support plan was completed detailing the support Mr X needed and the agencies to which he had been referred and/or signposted.
15. An officer from community services agency contacted Mr X by email on 17 April 2023 to inform him about a range of community services on offer and invite him to partake in any which he felt may be of benefit.
16. Mr X sent an email to the social care assessor In May 2023 asking when the officer would be visiting to discuss support options.
17. Mr X believes he needs 50 hours per week support, and he wants an officer from social services to be available whenever he needs help.
18. The social care assessor arranged a joint visit to Mr X with the support worker from a charity. The notes of the visit show a discussion about the support Mr X required, the support he was receiving, and the services to which referrals had been made.
19. Mr X needed a cleaning service but struggled to source such a service. The records show emails and telephone calls between Mr X and social services about this. The social care assessor acknowledged sourcing such support was difficult for Mr X and agreed the Council could assist with this. The Council sourced an agency and arranged an introductory meeting at Mr X’s home in August 2023; which the council assessor attended.
20. Mr X wanted an advocate, so the Council made a referral on his behalf. The advocacy service refused the request citing Mr X’s ability to adequately communicate both verbally and in writing.
21. The Council’s records show the contact between Mr X and social services in late 2023 and early 2024. Mr X exchanged numerous emails with an officer from social services and received two visits from the same officer. The officer documented the support and advice offered and the continued liaison with mental health services. Mr X continues to be dissatisfied and believes social services should do more to support him.

Housing issues

22. The needs assessment completed by social services refers to Mr X’s need for alternative housing, and the impact his current housing is having on his wellbeing.
23. In May 2020, Mr X’s social worker made an accommodation request on his behalf. In October 2010 Mr X was allocated a housing support worker to assist him in his search for alternative housing. In November Mr X stopped engaging with the housing support officer and all offers of housing were declined.
24. Following medical evidence from Mr X’s GP the Council moved Mr X from band C of its housing priority list to band B.
25. Mr X now receives support from a housing support officer who now bids on properties on his behalf. Alongside this, he receives support from a charity.
26. Mr X contacted the housing provider to request repairs to his toilet. The repair was completed on 26 April 2023, following which Mr X sent an email to the to say thank you.

Analysis

27. It is not the Ombudsman’s role to decide what services a person is entitled to receive. The Ombudsman’s role is to establish if the Council has assessed a person’s needs properly and acted in accordance with legislation.
28. There is no fault in the way the Council assessed Mr X’s needs. The assessment is detailed and thorough. I have seen no evidence to show the Council failed to take account of medical information about Mr X.
29. Although Mr X does not meet the eligibility criteria for formal support from the Council, it signposted and referred Mr X to community-based groups/charities that may benefit him.
30. I am satisfied the assessor made reasonable adjustments for Mr X before, during and after the assessment which enabled him to engage with the assessment and express his views. There is no fault by the Council here.
31. The Council referred Mr X to advocacy services at his request. The Council is not a fault for the advocacy’s services decision to refuse such support.
32. There is no fault in the way the Council dealt with Mr X’s application for alternative housing. It recognised Mr X’s medical needs and increased his priority banding to reflect this. He receives appropriate support to assist him to bid on suitable properties.
33. There is no evidence to show the Council failed to respond to Mr X’s complaint.

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Final decision

34. There is no evidence of fault in the way the Council assessed Mr X’s care and support needs. It acted properly and in accordance with the law.
35. It is on this basis; the complaint will be closed.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman