Summary: Ms X complained the Council did not adequately consider her daughter, Miss Y’s needs or provide the support she needed. We will not investigate this complaint because there is insufficient evidence of fault with how the Council considered Miss Y’s needs and decided she did not require social care support.

The complaint

1. Ms X complains that Lewisham Council (the Council) failed to adequately complete a care needs assessment for her daughter, Miss Y, under the Care Act. Ms X says this meant Miss Y did not receive support she needed.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

7. In early 2024 Ms X asked the Council to complete a care needs assessment for her daughter. Ms X had concerns about Miss Y’s ability to manage to look after herself since she had returned home from university.
8. The Council completed a needs assessment in February 2024. This found that Miss Y did not have any eligible needs as defined under the Care Act 2014. The assessment considered Miss Y’s background and sought views from Miss Y and her family.
9. 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.
10. The records show the Council did complete an assessment and that this considered the relevant information to reach a decision. It was the professional view of the social worker that Miss Y did not have any eligible needs under the Care Act. It noted Miss Y was receiving support from health services, but she did not need support under the Care Act.
11. The records indicate the Council acted in accordance with the Care Act in arranging and completing a needs assessment for Miss Y.
12. Ms X had some further contact with the Council throughout 2024. The Council has agreed that it will consider a new assessment if there are any changes to Miss Y’s needs.

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Final decision

13. We should not investigate this complaint. This is because there are no indications of fault with how the Council decided that Miss Y did not have any social care needs that it should meet under the Care Act.

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Investigator's decision on behalf of the Ombudsman