Surrey County Council (25 021 548)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 29 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the decisions the Council has made about Miss X’s care. We are unlikely to find fault with the Council.
The complaint
- Miss X complains about the adult social care provided by the Council. Miss X complains the Council has refused to increase the hours of support she receives and refused to allocate her a social worker.
- Miss X also complains the Council has decided against making direct payments for her care.
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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In July 2025 the Council assessed Miss X’s care and support needs under the Care Act 2014. Later that month, Miss X asked the Council to increase the care hours she was receiving, and to allocate a social worker. The Council refused to do so, as it felt Miss X’s existing care and support plan met her identified needs. The Council then reviewed Miss X’s needs and plan to make sure her needs we still being met.
- The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
- I have reviewed the needs assessments. They concluded that Miss X’s care and support plan was enough to meet her needs. They did not call for more care hours or a social worker. There is not enough evidence of fault in the assessments or how the Council reached its decision to warrant an investigation.
- In 2024 the Council assessed Miss X’s mental capacity under the Mental Capacity Act 2005 and decided Miss X did not have the capacity to manage direct payments. The Council assessed Miss X’s mental capacity again in 2026 and upheld its position on direct payments. I have reviewed the assessments and see no evidence of fault in how the Council did them. So, we are unlikely to find fault with the Council for deciding not to make direct payments to Miss X.
Final decision
- We will not investigate Miss X’s complaint because we are unlikely to find fault with the Council.
Investigator's decision on behalf of the Ombudsman