Summary: We will not investigate Mr X’s complaint about the outcome of an adult’s care needs assessment. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the outcome of his care needs assessment. He said the Council initially offered him three days of support, but then withdrew that offer. He said the Council’s actions had affected his career, his wellbeing and physical health. He believes the Council has acted in a criminal manner and wants a Police investigation.

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The Ombudsman’s role and powers

2. 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)
3. 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,
• 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. The Council completed a care needs assessment of Mr X at the start of 2023. It assessed him as having eligible care needs. However, in that assessment it said it was not clear the amount or type of support Mr X needed. It decided to refer Mr X to an Occupational Therapist (OT) and for a period of reablement to fully assess his care needs. It said the reablement support would be for three days a week.
7. Mr X took part in an initial assessment with the reablement OT. Following that, he turned down the reablement support. The Council said it contacted Mr X further, but he continued to decline support; therefore, it closed his case.
8. We will not investigate Mr X’s complaint the Council refused to provide him a package of care after it said he was eligible for support. In the Council’s assessment it considered information provided by Mr X and health professionals. It decided further assessment was needed. It set out its reasons for this. The Council did not refuse to provide Mr X support, it offered the reablement service so it could fully assess his needs. He turned that down. There is not enough evidence of fault in how the Council completed its assessment or the support it offered to justify our involvement. In addition, Mr X believes the Council’s actions are criminal and needs a Police investigation. That is not an outcome we could achieve.
9. The Council completed a further assessment of Mr X’s care needs towards the end of 2023. It agreed to provide a package of care and support. That package of care is not currently in place as Mr X has turned down the support from his carers. He is not happy to use the care providers commissioned by the Council. The Council has written to Mr X explaining why it will not commission services from the care providers he has identified. There is no evidence of fault in how the Council reached that decision.
10. The Council has agreed to Mr X having a direct payment, so he can employ his own personal assistant. It said it will commission care for Mr X until the personal assistant is in place. I am satisfied the Council has taken necessary steps to ensure Mr X’s care needs are met. There is not enough evidence of fault to justify our involvement.

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Final decision

11. 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