Summary: We will not investigate this complaint about an occupational therapy assessment for adult social care. This is because there is not enough evidence of fault in the process the Council followed to decide how to meet Ms B’s needs. It is unlikely we could add to the Council’s investigation or reach a different outcome.

The complaint

1. Ms B says the Council is not helping her to remain living safely in her own home.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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)

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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. The Council has assessed Ms B in her home to decide what it should provide to enable her to remain living safely at home. The Council arranged for work to Ms B’s front step to make the property accessible. The Council advised on ring doorbell technology to enable Ms B to speak to visitors if she is upstairs and cannot get down in time to answer the door before they leave. Ms B already has a stairlift. The Council will not provide ring doorbell technology, so advised Ms B to speak with a relative who could help her.
7. Ms B complained about the assessment process. The Council met with Ms B about her complaint, spoke with relevant officers, and looked at its records and relevant guidance. The Council gave Ms B a thorough response to her complaint and explained what it would do. Including further visits to assess Ms B’s needs to remain safe at home and arranging a fire service check.

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Final decision

8. We will not investigate Ms B’s complaint because there is not enough evidence of fault in the process the Council followed to assess her needs and to investigate and respond to her concerns. The Ombudsman cannot say what the Council should provide to Ms B, we can only look at the process the Council followed to make its decision. The Ombudsman could not add to the Council’s investigation, and it is unlikely we would reach any different outcome. So, an investigation is not justified.

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Investigator's decision on behalf of the Ombudsman