Leeds City Council (23 015 024)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 14 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint the Council said he was not eligible for a supported living placement. There is not enough evidence of fault to justify our involvement.
The complaint
- Mr X complained about the Council’s decision he was not eligible for a supported living placement. He said he could not cope living independently, was lonely and that had affected his mental health.
The Ombudsman’s role and powers
- 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)
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has a supported living service for people with serious mental illness, that may also have complex needs. A Mental Health Panel (the Panel) assesses referrals for this service and where a person is eligible, matches them to available services based on their needs and priority.
- In the Council’s complaint response, it said Mr X was not eligible for the supported living service. It acknowledged he had autism and experienced anxiety, but did not consider he had a complex mental health issue. Therefore, he did not have the level of assessed need too access the supported living service.
- Although Mr X is unhappy with the Council’s response, we will not investigate this complaint. The Panel considered Mr X’s adult social care assessment and its criteria for supported living services. It said Mr X was not eligible. There is not enough evidence of fault in how the Council considered Mr X’s application for supported living to justify our involvement.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman