Summary: We will not investigate Ms X’s complaint about her adult social care support. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about the involvement of a social worker in her care and the support the Council provides to manage her finances. She wants to be allocated a different social worker and to manage her own finances.

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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 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response, the Council said Ms X’s social worker was working to support her and ensure her needs were being met. It did not agree to change her social worker, as it said another social worker would provide the same support.
6. It said it had completed a capacity assessment with Ms X in 2024 which concluded that she did not have capacity to manage her own finances. It had made a best interests decision that the Council should manage her finances on her behalf, which was the current position. As she had been assessed as lacking capacity, it could not allow her to manage her own finances.
7. We will not investigate this complaint as there is insufficient evidence of fault. The Council has appropriately explained to Ms X why it would not agree to change her social worker.
8. Ms X wants to manage her own finances, but the capacity assessment completed in 2024 concluded that she lacked capacity to do so. The Council now manages Ms X’s finances on her behalf. I have considered the mental capacity assessment and best interest decision records. There is insufficient evidence of fault in the Council’s decisions to warrant an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman