London Borough of Waltham Forest (24 009 119)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 13 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council not carrying out assessments in 2014. This is because the events happened too long ago for us to carry out a meaningful investigation now.
The complaint
- The complainant, Ms X, complains the Council failed to carry out an assessment of her needs and a safeguarding assessment following a referral by a probation officer in 2014.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complains the Council failed to carry out an assessment of her needs and a safeguarding assessment following a referral by a probation officer in 2014.
- The Council has told Ms X it will not respond further to her on historic matters.
- We will not investigate Ms X’s complaint. This is because, whilst I note Ms X says she only became aware of her right to an assessment within the past 12 months, the events complained about happened almost a decade ago. Given the very significant passage of time I do not see there is a realistic prospect of us being able to carry out a meaningful investigation into this historic complaint and reach a sound and fair view on these matters now, 10 years later.
Final decision
- We will not investigate Ms X’s complaint because the matters complained about happened too long ago for us to be able to carry out a meaningful investigation now.
Investigator's decision on behalf of the Ombudsman