Summary: We will not investigate Miss X’s complaint the Council did not fully consider her eligible care needs. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Miss X complains the Council did not fully consider her eligible care needs when her mother was no longer able to help care for her every day.
2. Miss X complains the Council wanted her to move to extra care housing and did not listen to her wishes as she wants to remain living in her home.

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The Ombudsman’s role and powers

3. 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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X had a reassessment of her eligible care needs when her mother was no longer able to help care for her every day. The Council agreed to provide six extra hours of care per week from her personal assistant.
8. An Occupational Therapist visited Miss X to advise on possible assistive technology which could support her to maintain her safety and wellbeing at home and reduce her dependency on another person. Miss X declined these options.
9. The Council advised Miss X to consider moving to extra care accommodation which could provide a safer environment with on-site support and assistive technology. The Council told Miss X that it will consider her preferences in relation to her care and accommodation, but it is not legally bound to meet them if it is believed that there is another option that would better meet her needs.
10. Miss X complained to the Council as she did not believe her increased care package fully addressed her well-being or safety needs and she wanted to remain in her own home.
11. I have reviewed Miss X’s care planning and review documentation. The Council undertook a comprehensive reassessment of Miss X’s eligible care needs following the change in Miss X’s informal care arrangements. This reassessment considered her views, wishes and desired outcomes in accordance with Sections 9 – 13 of the Care Act 2014. Following this, Miss X’s existing care package was increased by six hours per week. The Council also arranged for an Occupational Therapist to visit Miss X’s home to explore equipment or solutions that could improve her safety and autonomy at home. The Council complied with its duties under the Care Act 2014. There is not sufficient evidence of fault in how the Council carried out its duties to warrant an investigation.
12. The Council suggested to Miss X that she consider moving to extra care housing. However, the Council said that it respected her decision to decline this and remained committed to working with Miss X to identify alternatives that are both person-centred and viable. The Council has a responsibility to ensure that the support provided represents best value and is sustainable, so it was reasonable for the Council to suggest other options. There is not sufficient remaining injustice to warrant an investigation as Miss X had her care package increased to support her to remain in her home.

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Final decision

13. We will not investigate Miss X’s complaint the Council did not fully consider her eligible care needs. There is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman