Durham County Council (24 022 124)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 08 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint the Council has refused to assess her adult social care needs. There is not enough evidence of fault to justify our involvement.
The complaint
- Ms X complained the Council refused to assess her adult social care needs. She said she had gone without support since 2021. She said the lack of support meant she was at risk from eviction.
The Ombudsman’s role and powers
- 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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council completed a care needs assessment for Ms X throughout 2023 and the start of 2024. It did not assess her as having eligible care needs. We issued a final decision in July 2024 about how the Council assessed Ms X’s care needs. We found there was not enough evidence of fault to justify our involvement. Although Ms X remains unhappy with the outcome of the Council’s assessment, we will not consider this complaint further. That is because we have already made a decision on the matter.
- Since the Council completed its last adult social care assessment, it said there had been no change in Ms X’s needs therefore she remained ineligible for care and support. It said she was not at risk of eviction. It said her Housing Association had asked her to provide bank statements to ensure she is entitled to housing benefit and council tax support. It detailed the support she had been provided around that.
- We will not investigate this complaint further. That is because there is not enough evidence of fault in how the Council has considered Ms X’s complaints to justify our involvement.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman