Cheshire East Council (24 019 064)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 29 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about lack of support from the Council’s adult social services department. Any fault has not caused an injustice to Miss X.

The complaint

  1. Miss X complained the Council failed in its duty of care and did not support her. She said the matter has caused her significant distress and financial detriment, and she has been displaced from her home. She wanted the Council to apologise and provide her with support to resolve her housing issues.

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The Ombudsman’s role and powers

  1. 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
  • any fault has not caused injustice to the person who complained.

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

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How I considered this complaint

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

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My assessment

  1. Miss X contacted the Council’s adult social services department in late 2024, asking it to assess her needs and safeguard her due to issues with her housing.
  2. The Council considered whether Miss X met criteria for a safeguarding enquiry, and whether she had eligible care needs. It decided she did not meet the criteria for either, although it met with several professionals involved with the housing issues Miss X faced to consider the circumstances.
  3. The issues Miss X raised related to her housing issues. For example, while she said she needed support with things such as her emotional health, preparing food and making use of her home safely, the issues were caused by her housing.
    Miss X had therefore moved out of the property and was staying elsewhere. The Council noted that Miss X did not have any eligible care and support needs.
  4. There is limited evidence of any fault in how the Council assessed Miss X’s needs. Miss X says the Council did not properly communicate the outcome of its assessments to her. It is not proportionate for us to consider this further to determine whether there was any fault by the Council. This is because, in any event, any fault by the Council’s adult social services department did not cause injustice to Miss X.
  5. Miss X’s concerns ultimately all relate to her housing situation. The injustice she told us she has experienced stems from issues with housing services, and not the actions of the Council’s social services department. We have considered a housing complaint separately. The Housing Ombudsman is also involved to consider Miss X’s complaint against her Housing Association.

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Final decision

  1. We will not investigate Miss X’s complaint because there is insufficient evidence any fault in the Council’s actions has caused Miss X an injustice.

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Investigator's decision on behalf of the Ombudsman

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