Summary: We will not investigate Mx Y’s complaint about how the Council completed a review of their adult social care needs. Further investigation would not lead to a different outcome.

The complaint

1. Mx Y complained about how the Council completed a review of their adult social care needs. They complained the Social Worker:
• bullied them and asked them personal information which they had already provided,
• spoke to their carers without consent, sharing personal information,
• lied about the costs of becoming a registered employer.
2. Mx Y said they felt pressured to accept commissioned services. Mx Y wants the Council to complete neurodiversity training and for its assessments to be trauma informed.

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The Ombudsman’s role and powers

3. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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. In the Council’s complaint response, it explained it needed to complete a review of Mx Y’s care needs as their personal assistant had left. The Care Act requires Council’s to keep support plans under general review. Therefore, we would not be critical of the Council completing a review where there had been a change in Mx Y’s circumstances.
7. The Council apologised if Mx Y was upset by the length of the assessment and the Social Worker’s conduct, including their decision to speak to Mx Y’s carers. It said it would address this in the Social Worker’s supervision. That is an appropriate response to Mx Y’s concerns and remedies any injustice caused. If Mx Y feels the Council’s response is not sufficient, they can raise their concerns with Social Work England. This is an independent body which considers concerns about social workers’ fitness to practice.
8. The Council said it offered Mx Y commissioned services as they were struggling to recruit a new personal assistant. Although Mx Y does not want commissioned services, we would expect the Council to ensure Mx Y was aware of the care options available to them. The Council also provided Mx Y information about the cost implications of becoming a registered employer. Mx Y states that information was incorrect. The Council has asked Mx Y to share any contradictory information. Further investigation by us would not lead to a different outcome.

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Final decision

9. We will not investigate Mx Y’s complaint because further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman