Summary: We will not investigate this complaint about adult social care. The Council has already upheld the complaint and provided a suitable remedy. Further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained about the support adult social care had provided her and her adult son, Y, since 2021. She said the Council:
• failed to refer Y for a Learning Disability assessment in January 2021,
• failed to provide Y with adult social care support,
• delayed in completing her carers assessment,
• failed to provide her with carers support,
• failed to allocate Y a new Social Worker when his was absent,
• did not attend Y’s Education Health and Care Plan (EHC Plan) review,
• lost and wrongly shared personal information.
2. Mrs X said the Council’s actions had caused distress. She wants the Council to apologise to both her and Y and to improve its systems.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not investigate Mrs X’s complaint the Council did not refer Y for a Learning Disability assessment in January 2021. We expect a complainant to bring their complaint to the Ombudsman within 12 months of the issue. Mrs X did not complain to the Council about this until 2023. She then complained to the Ombudsman in September 2024. Therefore, this complaint is late and there is no good reason to exercise discretion and consider it now.
10. In May 2022, the Council completed a care act assessment for Y and a carers assessment for Mrs X. We have exercised our discretion to consider Mrs X’s complaints from this point onwards. That is because Mrs X has provided good reasons for bringing these complaints to us late, including delays in the Council’s complaint handling.
11. Following the Council’s assessment of Y and Mrs X there was a significant delay in it:
• sharing the outcome of their assessments,
• sharing information about its charging policy, and
• in completing Y’s financial assessment.
12. That meant discussions about possible support did not occur until October 2023.
13. In its complaint response, the Council accepted Mrs X and Y has experienced significant delays following their requests for support. The Council also accepted that poor communication and a lack of case officer had affected their experience of its service. The Council confirmed it had made service improvements in how it:
• communicated unexpected changes of care workers to families,
• shared the charging policy with families,
• tracked progress on complaints.
14. It offered Mrs X a remedy of £500 for any avoidable distress experienced. This is in line with our guidance on remedies. Further investigation by the Ombudsman would not lead to a different outcome.
15. There is nothing to suggest the Council’s delays in communication delayed Y’s, or Mrs X’s access to support. In October 2023, the Council offered Y a direct payment of 7 hours a week to provide him support in the community. Y turned down the direct payments following the outcome of his financial assessment. He decided his assessed client contribution was too high.
16. The Council is entitled to charge for adult social care. It offered to consider any disability related expenditure to see if it could reduce Y’s client contributions. It was Y’s decision to turn down the support. There is not enough evidence of fault to justify our involvement.
17. The carers assessment identified that Mrs X’s respite needs could be met through Y’s offer of support. As Y refused the direct payment, Mrs X has not received respite. She believes Y should not be charged for support that provides her respite from her carers’ role.
18. The statutory guidance states “Where an adult has eligible needs for care and support, and has a personal budget and care and support plan in their own right, and the carer’s needs can be met, in part or in full, by the provision of care and support to that person needing care, then this kind of provision should be incorporated into the plan and personal budget of the person with care needs, as well as being detailed in a care and support plan for the carer.” The Council was entitled to meet Mrs X’s respite needs, through the support it offered to Y. There is not enough evidence of fault to justify our involvement.
19. We will also not investigate Mrs X’s complaints about how the Council handled their personal information. That is because the Information Commissioner’s Office is best placed to deal with complaints around data protection.

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Final decision

20. We will not investigate Mrs X’s complaint because the Council has already remedied any fault identified. Further investigation by the Ombudsman would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman