Summary: We will not investigate Mrs X’s complaint the Council failed to provide a copy of the care assessments it completed for her mother. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains the Council failed to provide a copy of the care assessments it completed for her mother. Therefore, she cannot be satisfied the Council completed the assessments properly.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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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. The Council completed a care assessment for Mrs X’s mother, Mrs Z, in August and November 2023. The Council then completed a review of Mrs Z’s care needs in February 2024.
6. Mrs X said the Council did not share a copy of the assessments completed for her mother. The Council said it provided Mrs X with the assessments in its complaint responses and by telephone.
7. If we were to investigate, it is likely we would find fault. This is because the evidence available shows the Council only provided Mrs X with the outcome of its care assessment, rather than providing a copy of the assessments themselves. This is not in line with the Care Act 2014, which requires councils to provide a written record of the needs assessment.
8. I am satisfied the likely fault will have caused Mrs X some frustration as she has not been provided with the information she needs to understand, or challenge, the Council’s rationale for why it considers her mother’s needs can be met at home with a package of care.
9. We therefore asked the Council to consider remedying the injustice caused by the likely fault by:
• Apologising for failing to provide a written record of Mrs Z’s care needs assessment.
• Providing Mrs X with a copy of all care assessments completed for Mrs Z.
• Issue a reminder to all relevant staff about the Councils’ duty, in accordance with the Care Act 2014, to provide a written record of a needs assessment to the adult whom the assessment relates or any persons the adult asks the council to give a copy.

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Agreed action

10. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

11. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman