Summary: We will not investigate this complaint about the care assessment process. This is because it is unlikely we would find fault in the Council’s decision-making process or reach a different outcome.

The complaint

1. Mr X says the Council failed to properly assess his needs under the Care Act. Mr X says he is currently living rough and in urgent need of care and support services.
2. Mr X would like to be allocated a social worker who is knowledgeable about autism and the Care Act.

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The Ombudsman’s role and powers

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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

(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 the decision making, 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. 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.
9. Mr X has emphasised the Council has failed to provide him with a social worker who is sufficiently knowledgeable about the Care Act, and Autism.
10. The Council says Mr X’s social worker attempted to engage with Mr X for over a year to start the care assessment process. It found Mr X was offered an advocate plus an opportunity to complete a self-assessment form and Mr X turn down both. It said it needed to verify if Mr X was in the local area and Mr X failed to confirm this. The Council confirmed the social worker was familiar with the Care Act and also with Autism (having been trained by the Bristol Autism Spectrum Service).
11. It is not our role to decide if the decision the Council made is correct, as our focus is on the decision-making process. The Council appears to have followed the correct process to reach its decision, so it is unlikely the Ombudsman would find evidence of fault. The Ombudsman cannot question the outcome, even though Mr X strongly disagrees with it. The Council has advised Mr X to contact it directly if he wishes to engage with the care assessment process.

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Final decision

12. We will not investigate Mr X’s complaint because it is unlikely we would find evidence of fault or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman