Wiltshire Council (24 008 830)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 04 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an adult social care needs assessment and a failure to provide required support. There is insufficient evidence of fault to warrant an investigation.
The complaint
- Ms X complains the Council is not providing her with adult social care support which she requires to meet her needs. She says the is causing distress. She wants the Council to provide her with support to meet her needs.
The Ombudsman’s role and powers
- 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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council completed an adult social care needs assessment with Ms X. It decided she did not have eligible care and support needs but did identify an area where she would benefit from some support. It referred her to its Intensive Enablement Service (IES) to address this.
- Ms X had some input from the IES but this stopped after her allocated support worker left the service. The service offered Ms X a different support worker but Ms X declined this for personal reasons. The IES was unable to offer a different worker and so the service ended.
- We will not investigate this complaint. The Council appropriately assessed Ms X but decided she did not have eligible care and support needs. There is insufficient evidence of fault in this decision to warrant an investigation.
- The Council did identify one area where she would benefit from support and referred her to its enablement service for support with this. This was an appropriate action. Although Ms X is no longer receiving support from the IES, the Council appropriately assessed Ms X and referred her for ongoing support. There is insufficient evidence of fault in its actions to warrant an investigation.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman