Durham County Council (25 012 799)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 03 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s views of the sufficiency of the care provision it assessed for Mr X and included in his care plan. There is not enough evidence of fault in the Council’s actions to warrant investigation.
The complaint
- Mr X said he disagreed with the Council’s conclusion that the time set out in his care plan was sufficient to put shopping away. He said care workers were unable to clean his house sufficiently in the time available and often left out jobs like dusting and cleaning the blinds.
- He said he disagreed with the Council’s view that the reason he could not collect his prescriptions was because of lack of confidence. He said it was because of mobility issues and that an elderly relation was having to collect them instead.
- Mr X also said the Council had not provided ample reviews and had not responded to his contacts since March 2025.
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, or
- any fault has not caused injustice to the person who complained, or
- there is no worthwhile outcome achievable by our investigation.
(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 first point of complaint concerns the Council’s opinion that there is sufficient time available in two calls of 75 minutes and 60 minutes during the week to put away an online shopping delivery and carry out other household tasks. Unless a matter can only be interpreted in one way, it is not our role to take our own view of an assessment. This is a matter of opinion. The Council could decide the putting away of shopping and other tasks could be done in the time available.
- Regardless of the reason for Mr X being unable to collect his prescriptions, the Council’s response to his complaint stated it could arrange for them to be delivered and that it was unnecessary for an elderly relation to collect them. Were we to investigate this matter, it is unlikely we would find the Council at fault.
- I note the Council and Mr X disagree about whether all his contacts with it have been responded to. However, given we would be unlikely to find fault in the first two points of complaint, it is unlikely that investigating the third point about sufficient reviews and contacts would lead to any worthwhile outcome.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault in the first two points of complaint to warrant our further involvement. Because of that, investigating the third point would be unlikely to lead to any worthwhile outcome.
Investigator's decision on behalf of the Ombudsman