Summary: We will not investigate Ms X’s complaint about the support provided to her by the Council’s adult social care service. There is insufficient evidence of fault and it is unlikely an investigation would lead to a different outcome.

The complaint

1. Ms X complains the Council has not provided her with administrative and advocacy support to meet her needs and help her to gain answers about the Council’s involvement with her relative before their death. She says this is causing distress. She wants the Council to support her and to provide information about its involvement with her relative.

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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 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
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response, the Council agreed to assess Ms X’s needs. It completed a telephone assessment with Ms X. Ms X told the Council she was able to complete daily living activities independently but needed advocacy and administrative support to obtain answers she was seeking related to the Council’s involvement with her relative, prior to their death.
6. The Council arranged a meeting with Ms X at her home. It discussed the matter with her and clarified what information she was seeking.
7. Two weeks later, the Council wrote to her and provided information about its involvement with her relative and answers to the questions she had raised. It said it would support her with her rehousing request. It said it had also offered to provide her with a list of organisations that could support her with advocacy and administrative tasks, but that Ms X had declined this.
8. We will not investigate this complaint. The Council has completed a needs assessment with Ms X and following this, it met with her and provided information about its involvement with her relative. This is what Ms X was seeking. The Council has offered to provide her with a list of organisations who can support with advocacy, and it was Ms X’s choice to decline this. There is insufficient evidence of fault in the Council’s actions and it is unlikely an investigation would lead to a different outcome or achieve anything more.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman