Summary: We will not investigate this complaint about an adult social care and support needs assessment. An investigation is unlikely to lead to a different outcome for Mr X, and the Information Commissioner’s Office is better placed to consider complaints about data handling.

The complaint

1. Mr X complains about the communication, process and outcome of his adult social care needs assessment. Mr X complains the Council was inconsistent in how it assessed his needs, relied on outdate information and dismissed his evidence. Mr X says this meant he didn’t get the support package he needs.
2. Mr X also complains the Council mishandled his documents, breaching data handling rules.
3. As well as not getting the support he says he needs, Mr X says the Council’s actions have made him feel hopeless and has impacted his mental health.
4. Mr X wants a new assessment to be conducted by an independent assessor, for the council to explain its decisions on his support package, and an investigation into the data handling breaches.

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The Ombudsman’s role and powers

5. 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 further investigation would not lead to a different outcome or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
7. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

8. I considered information provided by Mr X.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council has a duty to conduct a needs assessment for Mr X. The assessment must be person-centred and must try to find out the total extent of needs before considering eligibility for care and support.
11. The Council has accepted Mr X’s needs assessment did not reflect evidence and comments he had provided during the assessment process.
12. After Mr X’s complaint to the Council, the needs assessment was revised to incorporate his updates and perspectives on his needs. The Council has also put additional support in place for Mr X. Since then he has told the Council in a conversation to check progress the new support arrangements are working well for him. An investigation by the Ombudsman is therefore unlikely to lead to a different outcome. So, we will not investigate this part of Mr X’s complaint.
13. The ICO is the organisation best placed to consider complaints about how information handling. It would be reasonable for Mr X to contact the Information Commissioner’s Office if he would still like to complain about how the Council handled his personal data.

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Final decision

14. We will not investigate Mr X’s complaint because an investigation is unlikely to lead to a different outcome, and the ICO is better placed to consider complaints about data handling.

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Investigator's decision on behalf of the Ombudsman