Westminster City Council (25 014 427)
Category : Adult care services > Assessment and care plan
Decision : Upheld
Decision date : 18 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s care needs. This is because the Council has already remedied any injustice Mr X suffered during its complaints process.
The complaint
- Mr X complained the Council sent an occupational therapist who was insensitive and unprofessional when carrying out an assessment of his needs.
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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained that after he requested an assessment of his needs, the Council provided an occupational therapist who was insensitive and unprofessional in his conduct to carry out the assessment. Mr X said he was upset and frustrated by the experience.
- The Council confirmed the outcome of the occupational therapist’s findings and offered Mr X a review of the assessment with a different person.
- Mr X wants us to find the Council at fault. The Council has offered Mr X a review of the assessment with a different occupational therapist, this is a reasonable remedy to address any injustice Mr X suffered due to the experience he had.
The Ombudsman will not investigate complaints where the complainant has already received a proportionate remedy that addresses any injustice suffered.
Final decision
- We will not investigate Mr X’s complaint because the Council has already remedied any injustice Mr X suffered during its complaints process.
Investigator's decision on behalf of the Ombudsman