Summary: We will not investigate Miss X’s complaint about the Council and commissioned Care Provider causing a rift between her and her daughter. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complains her daughter’s (Miss Y) Social Worker and Care Provider have contradicted information in professional reports about her daughter’s needs. Miss X says this has caused a rift between her and her daughter. She wants the Council to apologise for claiming Miss X was dramatizing the reports.

Back to top

The Ombudsman’s role and powers

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))

Back to top

How I considered this complaint

2. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

Back to top

My assessment

3. The Care Provider commissioned by the Council has responded to Miss X’s complaint about this issue. It has explained its discussion with Miss Y and her reflections about how her needs have changed since the professional reports were written. The Care Provider found no evidence it or the Council’s Social Worker tried to downplay Miss Y’s needs. It explained Miss Y felt her needs had changed in the eight years since the reports were written. The Care Provider has confirmed to Miss X that it continues to work with Miss Y to ensure her wishes and views are accurately reflected in her care and support plans.
4. We will not investigate this complaint. The Care Provider has provided its account of the meeting with Miss Y, which differs to Miss X’s allegation. We are unlikely to find independent evidence to corroborate precisely what was discussed in the meeting between Miss Y, her Social Worker and the Care Provider. Because of this, there is nothing we could add to the Care Provider’s investigation and response.

Back to top

Final decision

5. We will not investigate Miss X’s complaint because not enough evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman