Summary: We will not investigate Ms X’s complaint about the Council’s refusal to complete a financial assessment. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains the Council has refused to complete an adult social care financial assessment or agree her request for direct payments. She says this is causing financial hardship. She wants the Council to complete the financial assessment and provide her with direct payments.

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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))

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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. Ms X asked the Council to complete a financial assessment. The Council said as she was not receiving any services from the Council, a financial assessment was not needed, and so did not agree to her request.
6. It said a financial assessment was only needed if she was assessed as having eligible adult social care needs. It asked Ms X to contact it if she wanted to arrange a care needs assessment. It said if an assessment identified eligible care needs, it would then complete a financial assessment. It could also then consider whether a direct payment was appropriate to meet any identified needs.
7. We will not investigate this complaint as there is insufficient evidence of fault. The Council must establish if Ms X has eligible care needs before it can determine how it will meet these needs. It has explained to Ms X that to do this, it needs to complete a care needs assessment with her and has provided details for Ms X on how to arrange this.
8. It is Ms X’s choice whether she agrees to a care needs assessment, but without this, the Council cannot determine whether she has eligible needs. Ms X is not currently receiving services from the Council so it is unlikely an investigation would find fault with the Council’s decision to not agree her request for a financial assessment.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman