Summary: We will not investigate this complaint about adult social care assessments and not being eligible for support. There is not enough evidence of fault in the Council’s process, so we cannot challenge the Council’s eligibility decision even though the complainant disagrees with it. The Council has apologised for communication errors and has offered a further assessment. We are satisfied with the actions the Council has taken and it is unlikely we could achieve anything further.

The complaint

1. Mr C says the Council failed to properly assess and meet his adult social care needs. Mr C says he is struggling without adequate support. Mr C wants a care package.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Councils must carry out an assessment for any adult with an appearance of need for care and support. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve.
8. The Council has completed two assessments with Mr C and decided he is not eligible for support from the Council. The Council has suggested other ways to meet Mr C’s needs and offered referrals to other support.
9. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied that suitably qualified officers have met with Mr C twice to complete assessments of his needs. I understand Mr C disagrees with the outcome of those assessments. However, this is not evidence of fault in the Council’s decision or the way it has assessed his needs.
10. The Council accepts communication errors, such as providing incorrect or misleading information. The Council has apologised.

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Final decision

11. We will not investigate Mr C’s complaint because there is not enough evidence of fault in the Council’s assessments. An Ombudsman investigation cannot achieve the outcome Mr C wants as we cannot tell the Council it must give him a care package. The best we could achieve would be to ask the Council to assess Mr C again. The Council has already offered to complete a joint assessment with an Occupational Therapist; the Ombudsman would not achieve anything more than this.
12. I am satisfied with actions the Council has already taken or proposes to take.

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Investigator's decision on behalf of the Ombudsman