Summary: We will not investigate this complaint about a delay in carrying out Ms X’s care needs assessment and arranging an advocate. The Council has apologised, arranged an advocate, and carried out a care assessment. Further investigation by us would be unlikely to add to this or lead to a different outcome.

The complaint

1. Ms X complains the Council delayed in carrying out a care assessment and arranging an advocate for her. She wants the Council to arrange an advocate and arrange a new assessment.

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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:

• we could not add to any previous investigation by the organisation, 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 July 2023 Ms X asked the Council for a care needs assessment and advocate to assist her through the process. By December 2023 the Council had still not completed the assessment or arranged the advocate.
6. Ms X complained to the Council. It apologised for the delay and said it would arrange a meeting, advocate and care assessment. The Council met with Ms X and an advocate in January 2024.
7. The Council completed an initial care assessment in February 2024. Ms X then said she did not want to progress with the proposed care plan at that time. However, in March 2024 Ms X said she would like to continue and the Council finalised the assessment.
8. We will not investigate this complaint. The Council has apologised for the delay, arranged an advocate for Ms X, and completed a care assessment. The apology is an appropriate remedy for any distress caused by the delay and the Council has now acted to provide the advocate and complete an assessment, which is what Ms X wanted. Further investigation by us would be unlikely to add to this or lead to a different outcome.

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Final decision

9. We will not investigate Ms X’s complaint because the Council has taken appropriate action. Further investigation by us would be unlikely to add to this or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman