Summary: Mrs A complains on behalf of Mr X that the Council has not dealt with a social care assessment properly causing him distress. The Council is not at fault.

The complaint

1. Mrs A complains on behalf of Mr X, that the Council has not dealt properly with an adult social care needs assessment because it has not taken proper account of the following, in determining he can go back to live in his flat:
• Mr X requires help at night-times;
• Mr X cannot manage the heavy front door;
• Mr X will have nowhere to walk;
• Mr X will not have a shower; and
• There has been no liaison with the NHS about how his medication will be able to be managed.
2. Mrs A says Mr X will be left in an inappropriate living environment, without nighttime assistance, will be unable to leave the property unaided, either voluntarily or in an emergency, he will be unable to exercise which may adversely impact the use of his legs, he will be unable to bathe properly and there is uncertainty about how his medications will be able to be managed.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
5. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
6. We may investigate complaints from the person affected by the complaint issues, or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. (section 26A or 34C, Local Government Act 1974)
7. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have investigated

8. I have investigated the adult social care needs re-assessment completed by the Council in August 2024.

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How I considered this complaint

9. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
10. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law, Guidance and Policies

Assessment

11. 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.
12. Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs. Councils should tell people when their assessment will take place and keep them informed throughout the assessment.

Care Plan

13. The Care Act 2014 gives councils a legal responsibility to provide a care and support plan (or a support plan for a carer). The care and support plan should consider what needs the person has, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area. When preparing a care and support plan the council must involve any carer the adult has. The support plan must include a personal budget, which is the money the council has worked out it will cost to arrange the necessary care and support for that person.

Reviews

14. Section 27 of the Care Act 2014 says councils should keep care and support plans under review. Government Care and Support Statutory Guidance says councils should review plans at least every 12 months. Councils should consider a light touch review six to eight weeks after agreeing and signing off the plan and personal budget. They should carry out reviews as quickly as is reasonably practicable in a timely manner proportionate to the needs to be met. Councils must also conduct a review if an adult or a person acting on the adult’s behalf makes a reasonable request for one.

What happened?

15. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
16. Mr X suffered a stroke in January 2023, which left him with mobility issues. He was in hospital and then moved to a residential care home.
17. The Council undertook an adult social care needs assessment in relation to Mr X and decided that it was able to meet his needs if he returned home to his flat.
18. Mr X complained to the Council. The Council partially upheld his complaint in relation to lack of communication from his allocated social worker in early 2024 and agreed to undertake a re-assessment of Mr X’s social care needs.
19. The Council completed the re-assessment of Mr X’s needs in August 2024.
20. Mr X complained to the Ombudsman that this re-assessment was flawed.

Analysis

21. Between September 2024 and March 2025 the Council has extended Mr X’s stay at his current accommodation in order to take actions to consider alternative living options, ensure his home flat was an appropriate living environment and to update the re-assessment of his needs.
22. I have reviewed documents supplied by the Council which shows that it has considered the elements Mr X complains about as part of his re-assessment.
• Care logs from Mr X’s current accommodation indicate that the Council considered in August 2024 whether he required help at night-times and decided he did not.
• An occupational therapy review in December 2024 determined Mr X’s home could be made safe for him to return to. It raised concerns about the front door weight but considered methods to mitigate this risk.
• The proposed care package, reviewed in February 2025, includes community access hours for Mr X to walk outside locally.
• The Council has investigated upgrading the facilities in Mr X’s bathroom through a DFG grant but this cannot be taken forward until Mr X is definitely returning to his flat. The Council has considered occupational therapist’s advice that he can be supported to use the existing bathing facilities.
• Emails from Mr X’s GP in October 2024 indicate the Council has considered how his medication can be managed if he returned to his flat.

This is not fault by the Council.

23. Mr X disagrees with the Council’s decision, but this is not fault.
24. During my investigation the Council decided to extend his current placement for a further 4 weeks to enable health partners to undertake an assessment, and to ensure any support plan jointly considers these needs when he leaves his current placement.
25. The Council say it will contact Mr X to look at different housing options and to understand what support he may need in completing a housing application.

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Decision

26. I find no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman