Summary: Mr X complained the Council withdrew the support provided to him without a proper assessment of his needs. I find no fault in the way the Council assessed Mr X’s care and support needs. It acted in accordance with the law therefore I am unable to question the decisions made.

The complaint

1. Mr X complains the Council has terminated his package of care without undertaking a proper assessment of his needs. He says assumptions were made about him, and the assessment contains factual inaccuracies.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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. 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

5. I have:

• considered the complaint and discussed it with Mr X;
• considered correspondence between Mr X and the Council, including the Council’s final response to the complaint;
• made enquiries of the Council and considered the responses;
• considered 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

6. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
7. The care and support plan should consider:

• the needs of an individual
• what they want to achieve
• what they can do by themselves or with existing support
• what care and support may be available in the local area. 

Background

8. Mr X was previously assessed as having eligible care needs and received a direct payment to purchase three hours support to assist with shopping.
9. Following a reassessment of his needs in October 2023 the Council deemed Mr X to no longer meet the eligibility criteria for support and gave notice to terminate his direct payment. Mr X says his needs have not changed, and the removal of support services will cause him significant difficulty and distress.
10. Mr X says he has not had sight of the completed reassessment.
11. I have had sight of the assessment document dated 31 October 2023. The assessment is detailed and completed in accordance with the Care Act. As part of the assessment the assessor sought the views of the care agency providing Mr X’s support and the views of a charity providing Mr X with mental health support.
12. The assessor concluded Mr X was able to manage his shopping independently and suggested alternative ways of shopping such as the internet. Mr X was reported to able to attend appointments independently and manage all other tasks.
13. The assessor recorded Mr X’s views, that the support he received and the social interaction from carers were important to him. The assessor concluded this need would best be met via community resources and would positively promote Mr X's wellbeing in a more meaningful way. Mr X reported he had referred himself to a charity providing mental health and community support.
14. The assessor deemed Mr X not to be eligible for support under the Care Act.
15. The Council gave notice to terminate his direct payment. 
16. Mr X complained to the assessor about the decision and later submitted a formal complaint to the Council, in November 2023. He received a written response on 28 December 2023. The letter addressed and responded to each point raised. The complaint was not upheld.

Analysis

17. It is not the Ombudsman’s role to decide what, if any, care and support a person needs. That is the Council’s role. The Ombudsman’s role is to consider if the Council has followed the correct process of establishing a person’s needs and if it acted correctly when this process was complete. In doing so we look at the information the council considered, and if it took account of the service user’s wishes.
18. If we decide there was no fault in this process, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
19. In this case, there appears to be no fault in the process the Council followed to assess Mr X. It acted in accordance with the law therefore I cannot question the decisions made.

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Final decision

20. I find no fault with the process the Council followed when assessing Mr X’s care and support needs. It acted in accordance with the law therefore I am unable to question the decisions made.
21. 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