Summary: We will not investigate this complaint the Council did not provide a Visual Impaired Support Worker. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council did not provide a Visual Impaired (VI) Support Worker as part of his adult social care support plan. He said this was a legal requirement under the Equalities Act. He said it also breached his Human Rights as it prevented him from accessing society. Mr X wants the Council to resource the provision of VI Support Workers in his area.

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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, or
• there is another body better placed to consider this complaint.

(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. Mr X has adult social care needs. The Council meets these needs through a care provider. Mr X asked the Council if a charity that specialised in sensory impairment, could provide his support. The Council contacted the Charity. It said it did not have any VI Support Worker avilability.
6. Although Mr X is unhappy that he cannot access a VI Support Worker through the Charity, we will not investigate this complaint. The Council has a statutory duty to meet Mr X’s care and support needs. It does that through a care provider. There is not enough evidence of fault to justify our involvement.
7. The Council has a contract with the Charity, but it is not for its VI Support Worker service. The Council’s contract with the Charity is for Specialist Assessments and Specialist Rehabilitation Services. The Council completed Mr X’s adult social care assessment with the support of the Charity. There is not enough evidence of fault to justify our involvement.
8. It would be a matter for the Courts if Mr X believes the Council’s actions are a breach of his Human Rights, or it is discriminating against him.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman