London Borough of Barnet (25 011 179)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 11 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s response to her request for a Care Act assessment. There is not enough evidence of fault in the Council’s actions to warrant investigation.
The complaint
- Miss X complained about the Council’s response to her request for an assessment under the Care Act 2014.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Equality Act 2010 requires the Council to consider what adjustments it can reasonably make to enable a disabled person to access services. It does not oblige the Council to do what is requested. We cannot decide whether the Council met its duty under the Act, but only whether it acted properly by considering its duty
- The Council’s response to Miss X’s complaint stated Care Act assessments have to involve the person needing care being seen in person. The Council wrote it had considered its duties under the Equality Act 2010. It offered to give Miss X a blank copy of the assessment form in advance, to meet at a time and place of her choosing, to allow her to be accompanied by family or friends, and to consider any other adjustments that would make it easier for her to be assessed. Were we to investigate, it is unlikely we would find the Council at fault for failing to consider its duties under the Equality Act.
Final decision
- We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman