Summary: We will not investigate this complaint about the Council’s failure to share information and delays in complaint handling. The Council’s actions have not caused a significant enough injustice to justify an Ombudsman investigation and it is unlikely we would achieve any worthwhile outcome.

The complaint

1. Mr E says the Council has failed to share copies of Care Act assessments and care and support plans over several years. Mr E says the Council has completed assessments without their input, agreement, and consent, and the assessment does not accurately reflect the needs and wishes of his relative, Mr F. Mr E says the Council failed to properly respond to his complaint and delayed the complaint process. Mr E says the Council has not completed a carers assessment for his wife. Mr E says they have not been able to agree a care and support plan moving forward because they did not have the relevant information to make informed decisions, so the care planning is delayed.

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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:

• any fault has not caused significant enough injustice to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
7. Mr F receives direct payments from the Council to meet his eligible adult social care needs. The Council must review Mr F’s care needs and care package at least each year. The Council should include Mr F in reviews, and other important people such as Mr E and his wife who hold power of attorney for Mr F’s health and welfare and property and finances. The Council must share a copy of the assessments and care and support plan with Mr F, or representatives on his behalf.
8. Mr E says the Council has not given them any care and support plan since 2010. We will not consider issues this far back, there is no reason this concern could not have been raised sooner. Mr F specifically raises concern that the Council did not share a copy of the March 2022 care and support plan until December 2024. And that he and his wife were not included in the October 2023 care needs review.
9. Mr F has direct payments to meet his care and support needs, and there is no complaint that Mr F’s needs are not adequately met. So, any failure by the Council to share the required paperwork does not cause a significant injustice. The Council did not include Mr & Mrs E in the October review. I note the care planning is ongoing and the Council offered to meet with Mr & Mrs E to resolve any issues. This would be an appropriate action, and I cannot see that an Ombudsman investigation would achieve anything further.
10. Mr E says his wife has not had a carers assessment, but the October review said there had been one. The Council should share the outcome of this with Mrs E. Mr E does not state this causes any significant injustice, and I note there is a budget for respite which is to meet the needs of carers such as Mrs E
11. Mr E is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately. The Council accepted delay and apologised to Mr E for the impact. It is unlikely we would add to that or achieve anything further.

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Final decision

12. We will not investigate Mr E’s complaint because there is not enough injustice to justify an Ombudsman investigation. The care planning is continuing, and the Council and the family need to work together to resolve any outstanding concerns and agree Mr F’s current needs and how to meet them. An Ombudsman investigation is unlikely to achieve anything further. If there are still documents Mr E needs and has not received, he can make a formal Subject Access Request to the Council. Mr E can then go to the Information Commissioner’s Office if he is not happy with the response.

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Investigator's decision on behalf of the Ombudsman