Summary: We will not investigate this complaint the Council did not complete a care needs assessment. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council did not complete a care assessment before his discharge from hospital. He said that meant he has been unable to access equipment to assist him with his everyday living; he said had also gone without support to help him relocate.
2. Mr X said whilst in hospital his allocated Social Worker represented the Council during a Decision Support Tool (DST) meeting for Continuing Health Care (CHC). He believes this was a conflict of interest. Mr X wants the Council to compensate him and provide any equipment needed. He also wants it to provide copies of his care records.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

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

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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.

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My assessment

6. In the Council’s complaint response, it said it received a referral from the Hospital where Mr X was admitted, for support prior to discharge. The Council said the Hospital had decided to complete a DST meeting before discharge, to assess whether Mr X was eligible for CHC. The Council allocated a Social Worker to assess Mr X’s care needs to inform the DST meeting. The outcome of that meeting was Mr X was not eligible for CHC but was eligible for Funded Nursing Care.
7. We will not investigate Mr X’s complaint there was a conflict of interest as the Social Worker who assessed him attended the DST meeting. This was a multi-disciplinary meeting, and it was appropriate for the Social Worker to attend. There is no conflict of interest in this. The final decision that Mr X was not eligible for CHC is made by health, not the Council. If Mr X is unhappy with this decision, he would need to complaint to the appropriate Integrated Care Board ICB).
8. The Council said after the DST meeting, the Social Worker met with Mr X to discuss his discharge plans. It said the Social Worker provided information to Mr X about possible options and funding arrangements. The Council said it understood Mr X intended to move to a self-funded care home.
9. Mr X was transferred to a different hospital. It made a further referral to the Council for support on discharge. The Council said a Social Worker visited alongside a health colleague. It said Mr X’s discharge plans had not changed and he had arranged a suitable placement, therefore a further care assessment was not needed. It said the Discharge Nurse had agreed to support Mr X with his discharge arrangements.
10. We will not investigate Mr X’s complaint the Council did not complete a care assessment before his discharge from hospital. The Council did assess his care needs to inform the DST meeting. There was no need for the Council to complete a further assessment following that meeting, as Mr X made his own discharge arrangements to a care home of his choice. There is not enough evidence of fault to justify our involvement. The Council confirmed colleagues in health had agreed to provide support with that discharge. He would need to make a separate complaint to the ICB if he is unhappy with how that support was provided.
11. Mr X said he has had to sell his property to fund his care. He said he also needs equipment to support his needs. The Council has offered to complete a Care Needs assessment for Mr X if his circumstances, including his finances have changed. It is reasonable for Mr X to engage in that assessment process to identify what his current needs are.
12. Mr X has asked the Council to provide a copy of his case records. The Information Commissioner’s Office (ICO) deals with complaints around how organisations respond to subject access requests. It is appropriate for Mr X to contact the ICO if the Council has not responded to his request.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman