Summary: We will not investigate this complaint about how the Council arranged and completed a mental capacity assessment. The Council has upheld the complaint, apologised, and made service improvements. Further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained about how the Council arranged and completed a mental capacity assessment (MCA) for her husband, Mr X. She said the allocated worker:
• did not attend the arranged appointment,
• completed the MCA in a public space with no privacy,
• discussed her, and her husbands support needs with another family member,
• incorrectly said they had tried to contact her.
2. Mrs X said the Council’s actions had affected her mental health. Mrs X wants the Council to allocate a new social worker to assess Mr X’s care needs. She wants the manager responsible for the adult social care team dismissed.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if:
• we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
• we decide further investigation would not lead to a different outcome, or

• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. In the Council’s response to Mrs X, it upheld her complaints around how it arranged and completed Mr X’s MCA. It confirmed it had discussed the matter with the staff involved, it said that in future it would confirm any appointments in writing and book a private room for all assessments.
7. The Council apologised for speaking to a family member about Mr and Mrs X’s support needs. It said in future, it would not discuss peoples circumstances with family members without agreement. It provided details of its contact with Mrs X. It said it could have done more to contact Mrs X. The Council confirmed it had allocated a new social worker to Mrs X
8. We will not investigate this complaint further. The Council has accepted fault. It has made service improvements and apologised to Mrs X. Further investigation by the Ombudsman would not lead to a different outcome. We cannot make the Council dismiss the staff member. Therefore, we cannot achieve the outcome Mrs X wants.

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Final decision

9. We will not investigate Mrs X’s complaint because further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman