Summary: We will not investigate this complaint about adult social care needs assessment. There is not enough evidence of fault. The Council made its decision following an assessment of the complainant’s needs, which involved the complainant and considered their views. The Ombudsman cannot question the Council’s decision even though the complainant disagrees with it.

The complaint

1. Ms B says the Council has failed to give her the support she has asked for and needs for many years. Ms B says this is impacting her health.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, 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))

4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
8. Ms B complains about the Council’s assessments in 2022 and 2024. The Ombudsman will not consider the 2022 assessment because it is over 12 months ago and there is no good reason Ms B could not have complained about that sooner.
9. The Council completed two care needs assessments in 2024, both assessments involved Ms B and took account of what she wants to achieve. The first assessment found Ms B had eligible needs for help with nutrition and community access. The Council offered a direct payment for Ms B to employ someone to help her with meeting these needs.
10. The Council completed a reassessment following further information from Ms B where she confirmed she can access the community and make nutritious meals herself. What Ms B needs help with is money to buy a more reliable car and pay for petrol so that she can access the community, and to afford nutritious ingredients to make meals. The Council’s reassessment decided Ms B does not have eligible needs for adult social care and support as she has confirmed she can meet her own needs.
11. The Council had already referred Ms B to welfare rights to support with any benefit claims to improve her income following the first assessment.
12. Any delay in the Council’s process has not caused a significant injustice to Ms B, because the Council has decided she is not eligible for any support.

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Final decision

13. We will not investigate Ms B’s complaint because there is not enough evidence of fault. The Council made its decisions based on properly carried out assessments, that involved Ms B and considered her views. Therefore, the Ombudsman cannot question the Council’s decisions even though Ms B disagrees with them.

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Investigator's decision on behalf of the Ombudsman