Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse to provide a dog walking service for his assistance dog. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the Council’s decision to refuse to provide a walking service for his assistance dog.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating (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. Mr X was in hospital. The Council completed a care assessment in April 2024 to identify whether he had any eligible care and support needs. The assessment found Mr X did have eligible care needs.
7. To facilitate his discharge from hospital, the Council initially agreed as a goodwill gesture to provide a carer to walk Mr X’s dog. Mr X said his dog was an assistance dog. This care provision was detailed in Mr X’s care plan.
8. In May 2024, the Council reviewed Mr X’s care plan. The Council told Mr X it was going to end the dog walking support and signposted him to local dog walking services that he could use. The Council confirmed it was Mr X’s responsibility to ensure the wellbeing of his pet.
9. An investigation is not justified as we are not likely to find fault with the Council’s decision to stop the support for dog walking. Provision of care and support is to meet an individual’s eligible care needs. The Council has appropriately completed a care assessment to identify what Mr X’s care and support needs are. The Council had not identified dog walking as an eligible need. I have reviewed the care assessment and care review and I am satisfied these have been completed appropriately. Therefore, the Council can decide what care and support to provide to meet Mr X’s needs.
10. I note Mr X says his dog is an assistance dog. However, I have not seen any evidence to support this. As Mr X has chosen to keep a pet, it is his responsibility to provide the appropriate care to his dog. This includes arranging and paying for dog walking if he is unable to do this task himself.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman