Summary: We will not investigate Mr X’s complaint about the Council’s refusal to allocate him a new social worker. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to allocate him a new social worker following an assessment of his needs in 2024. He says the matter has caused him distress and affected his health. He wants the Council to apologise to him and allocate him a new social worker.

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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. The Council assessed Mr X’s needs in 2024. It decided he did not have eligible needs for care and support under the Care Act 2014. Despite this, the social worker provided him with advice and information about community services, checked he was receiving the correct benefits and supported him to arrange a cleaner. They then closed the case. They advised him he could re-refer for a new assessment, should his health and wellbeing change. Mr X was unhappy with this outcome and asked the Council to allocate him a different social worker.
6. In its complaint response, the Council said it would not allocate him a new social worker as its assessment concluded he did not have eligible care and support needs.
7. We will not investigate this complaint as there is insufficient evidence of fault. The Council appropriately assessed Mr X’s needs, provided information and advice, but concluded he was not eligible for care and support. There is insufficient evidence of fault in this decision to warrant an investigation and so we could not require the Council to allocate him a new social worker.
8. If Mr X considers there has been a significant change in his health and wellbeing and he may now be eligible for care and support, it is open to him to request a new assessment from the Council.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman