Summary: We will not investigate Miss X’s complaint about the Council’s handling of her care needs assessment. There is not enough evidence of fault to justify investigation and it is unlikely our involvement would add to the Council’s response.

The complaint

1. Miss X complains the Council has not accurately assessed her care and support needs. She is concerned this will lead to inaccurate decision-making for her care and support plan. She wants the Council to complete an accurate assessment and recognise her ongoing need for residential care.

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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, or
• we cannot achieve the outcome someone wants.

(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)

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How I considered this complaint

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

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My assessment

5. In 2024, Miss X raised a complaint to the Council about her care needs assessment. In its response, the Council acknowledged Miss X did not agree with the outcome of her assessment and agreed to carry out a new one, which it did in 2025.
6. Miss X complained to us that this latest assessment did not accurately represent her care and support needs. She said she had submitted her amendments to her social worker.
7. In response to our enquiries, the Council provided a copy of Miss X’s reassessment. This recorded that the Council had carried out the reassessment because Miss X did not agree the previous assessment reflected all her needs. It included a record of Miss X’s views on her support needs and her desired outcomes.
8. The Council also provided a copy of a more recent care needs assessment for Miss X, which included a note that it would be shared with Miss X and her independent advocate. It said this was to ensure her wishes and feelings were captured so a care and support plan could be co-created.
9. The Council said it would not carry out any further assessments because it was clear on Miss X’s eligible needs.
10. We will not investigate this complaint. The Council completed Miss X’s reassessment as agreed in its complaint response. It has appropriately captured Miss X’s views in the reassessment record. There is not enough evidence of fault in the Council’s handling to justify investigation.
11. It also seems the Council has carried out a further assessment with an opportunity for Miss X to review this. It is unlikely our involvement would achieve more than this. We could not require the Council to agree with Miss X’s views on her care and support needs or that she should remain in residential care, as these are matters of professional opinion. We could not therefore achieve the outcome she wants.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigation and it is unlikely our involvement would add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman