Summary: We will not investigate this complaint about how the Council dealt with her request for a Care Act assessment. The Council has already apologised for delays in completing the assessment; that remedies any injustice caused.

The complaint

1. Mrs X complained the Council had delayed in reassessing her social care needs. She was also unhappy about its contact with health services and that it had not financially reimbursed her for social activities. She said the Council’s actions had caused her worry and stress.

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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
• further investigation would not lead to a different outcome, or.

(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. In its complaint response the Council accepted its reassessment of Mrs X’s care needs had taken a long time. It recognised the upset and frustration that had caused and apologised.
6. We will not investigate this complaint. Although the delay was frustrating for Mrs X, there is nothing to indicate she missed out on care. Therefore, further investigation would not lead to a different outcome.
7. We will also not investigate Mrs X’s complaint the Council did not reimburse her for social activities. The Council accepted it had previously reimbursed money without receipts, and that might have caused confusion. However, it explained it could only reimburse money if she provided a receipt. There is not enough evidence of fault in how the Council made that decision to justify our involvement.

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Final decision

8. We will not investigate Mrs X’s complaint because there is no outstanding injustice that requires further remedy.

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Investigator's decision on behalf of the Ombudsman