Summary: We will not investigate this complaint about a forthcoming care assessment and the complainant’s perception this will not be adequate. This is because the care assessment has not yet been carried out and so any injustice to the complainant is speculative. There is insufficient evidence of the complainant being caused serious loss, harm or distress.

The complaint

1. The complainant (Ms X) complains about the adequacy of a forthcoming care assessment being carried out by the Council. Specifically, she says the Council has little understanding of her specific health condition and needs and so does not believe the assessment will lead to her receiving adequate support. Ms X says the alleged fault is affecting her wellbeing as she is being left without adequate support. As a desired outcome, Ms X wants the Council to properly assess her care needs to ensure she receives suitable care and support.

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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 any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (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. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. The Ombudsman is only required to accept a complaint where the complainant has been caused a significant and personal injustice because of fault by the Council. This means Ms X would need to show she has suffered serious loss, harm or distress due to failings in carrying out the care assessment she refers to. The care assessment has not yet taken place and so any injustice to Ms X at this stage is entirely speculative. The Council is arranging for a specialist to conduct the assessment and Ms X will l have an opportunity to be heard as part of that process. It is not the role of the Ombudsman to remedy a speculative injustice.

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Final decision

5. We will not investigate this complainant because there is insufficient evidence of Ms X suffering serious loss, harm or distress.

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Investigator's decision on behalf of the Ombudsman