Summary: We will not investigate Mrs X complaint about the Council’s decision to reduce her care and support hours. This is because there is insufficient evidence of fault. In addition, the potential faults have not caused any significant injustice.

The complaint

1. Mrs X complains about the Council’s decision to reduce her care and support hours. She says her care needs have not changed and her needs are not being met.

Back to top

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
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)

3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X has received direct payments, used to employ personal assistants, to meet her eligible care and support needs since 2013. She had received 31 hours of care each week.
7. In November 2021, the Council reassessed Mrs X’s care and support needs. This assessment identified Mrs X had eligible needs in six areas and the decision was made to leave her care plan as it was.
8. The Council completed an occupational therapy assessment in March 2022. This identified some adaptations to promote Mrs X’s independence. These adaptations were provided.
9. In October and November 2022, the Council identified that the previous support plan had not been broken down correctly nor had it followed the correct process for approval. The Council said the 2021 review was flawed as it failed to interrogate how Mrs X’s support hours were being used. The Council said had it done so, it would have identified that support hours were being used for non-eligible needs. The Council identified a review was needed.
10. The Council completed a reassessment in March 2023. This identified Mrs X had eligible needs in the same six areas as those identified in the November 2021 assessment. Therefore, it was accepted Mrs X’s care needs had not changed.
11. In October 2023, a support plan was proposed for 15 hours and 45 minutes of support each week. The final support plan, implemented May 2024, was for 20 hours of support each week.
12. It appears there may have been some delay in the Council completing a review/reassessment of Mrs X’s care and support needs once it had been identified the 2021 assessment and care plan was flawed. There also appears to be a delay in the Council finalising a care plan for Mrs X as the final plan was not implemented until May 2024.
13. However, an investigation is not justified as there is no indication this delay caused any significant injustice as the Council continued to provide the 31 hours of support to Mrs X during this period.
14. An investigation is also not justified as there is insufficient evidence of fault as the Council has provided a clear rationale for the reduction in Mrs X’s care and support hours. The Council explained the reduction in support hours was because the Council had previously provided more support than was necessary to meet Mrs X’s eligible care needs.
15. The Council has followed the correct process by reassessing Mrs X’s care and support needs and completing a care and support plan. The Council is allowed to determine how much care and support hours is necessary to meet Mrs X’s eligible needs. As the Council has made its decision properly, we could not criticise or find fault with the decision itself.
16. Finally, the Council has also appropriately highlighted that Mrs X’s new support plan will be reviewed and adjusted accordingly if it was identified Mrs X’s eligible needs are not being met. If Mrs X is concerned the new hours are not sufficient to meet her needs, it is reasonable for her to first raise her concerns through this review mechanism. If she is unhappy with the Council’s decision, it is open to her to then raise a new complaint about how the Council completed its review and considered her comments.

Back to top

Final decision

17. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault. In addition, the potential faults have not caused any significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman