Summary: We will not investigate this complaint about the Council not making a care assessment referral accessible. This is because the Council provided the complainant an alternative means to complete the self-referral which was equivalent to his preferred option. There is no evidence of the complainant suffering a serious enough injustice to warrant an investigation. In addition, further investigation would not lead to a different outcome.

The complaint

1. The complainant (Mr K) complains the Council has not helped him with accessibility issues to request a care assessment online. He says he cannot make the self-referral through the Council’s online portal and his health needs make talking over the telephone difficult. He says the Council has not acted in accordance with the Equality Act 2010 and addressed a way for him to complete a self-referral for an assessment online.
2. In summary, Mr K says the alleged fault has left him unable to request a care assessment to support his current needs. He feels the Council has not taken seriously its duty to make its services available for disabled people. He wants the Council to provide a way for him to self-refer for a care assessment and increase staff awareness of accessibility issues.

Back to top

The Ombudsman’s role and powers

3. 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:

• any injustice is not significant enough to justify our involvement further or;
• investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In November 2023, Mr K sought to refer himself for a care assessment using the Council’s website. He was unable to do so due to an online technical error and he raised this problem with the Council by email. In response, the Council again referred Mr K to the website he was having difficulties with and later provided him with a telephone number to call if he continued to encounter the technical error. This resulted in Mr K explaining that his health conditions made talking over the telephone difficult and that as he could not use the online self-referral process, he was unable to access a key Council service.
6. The Council later provided Mr K an email address to write in with the information he wanted it to consider. He felt this option lacked the benefit of a guided process and explained he did not know what information needed to be included. Mr K told the Council he would be happy to write to the email address provided if the Council gave him a form to complete which requested the necessary information about his needs for care and support. The Council then provided a copy of the form to Mr K for him to complete and return.
7. I have considered the available evidence and can see there was a one-month period where Mr K was struggling to access the Council’s self-referral process. I recognise he makes the point the Council must make its services accessible to those with disabilities. However, following Mr K explaining his difficulties, the Council provided him with an accessible method which enables him to complete the self-referral, taking into account his health needs. I recognise this took time, but as Mr K has been provided with means to complete the self-referral in a way consistent with his preferred method, there is no evidence of him suffering a serious and personal injustice.

Back to top

Final decision

8. We will not investigate this complaint because there is no evidence of Mr K suffering a serious enough injustice to warrant our involvement. In addition, further investigation of the issues raised would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman