Summary: We will not investigate Miss X’s complaint about the Council’s response to her request for a care needs assessment. This is because there is not enough evidence of fault to justify investigation.

The complaint

1. Miss X complains the Council did not provide her with support after she requested a care needs assessment. She says the lack of support caused her health issues and meant she could not meet her day-to-day needs. She wants the Council to provide her with social care support.

Back to top

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
• 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.)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. A council must carry out an assessment for any adult with an appearance of need for care and support. It must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. Eligible needs arise from or are related to physical or mental impairment or illness.
6. The council’s assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs.

Back to top

Miss X’s case

7. Miss X says the Council has not carried out a care needs assessment or provided the support she requires.
8. In its complaint response, the Council explained it assessed Miss X’s needs in 2024 but decided she was not eligible for support because it found her main concerns were housing related. It said these concerns were outside the remit of adult social care. The Council explained it had provided Miss X with housing support and signposted her to additional support services.
9. The Council said it spoke to Miss X when she requested a further care assessment in 2025. It said it gave information about housing and other support again. The Council said it asked for information about her care and support needs and Miss X chose not to give this information.
10. The Council said it had arranged a further meeting that month to discuss Miss X’s support needs.
11. We will not investigate this complaint. The Council has explained how it considered her requests for care and support and the reasons it decided she was not eligible. It has also arranged a further assessment. The Council appears to have appropriately considered Miss X’s requests and explained the reasons for its decisions to her. We are unlikely to find fault with the Council’s decision-making process or achieve a different outcome so we will not investigate.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation and it is unlikely we would achieve a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman